What Is Personal Injury Arbitration?

A personal injury claim is an opportunity for an injured accident victim in Texas to recover financial compensation from the party that caused the accident as a form of civil justice. While the majority of personal injury cases in Texas are resolved with settlements, they occasionally require arbitration.

What Is Arbitration?

Arbitration is one of two types of alternative dispute resolution (ADR). The other is mediation, which is less formal. Arbitration is a legal meeting between both sides of a personal injury case. The injured victim is known as the plaintiff and the accused party the defendant. Their personal injury attorneys are likely to attend the meeting, as well.

Personal injury arbitration takes place in front of an arbitrator, not a judge or jury. The arbitrator is an unbiased third party who can act as a private judge. Arbitration can be binding, meaning the arbitrator’s decision on the case will be final and legally enforceable. It could also be non-binding if the parties agree.

Arbitration is a semi-formal legal process. It is not as informal as mediation, which is a meeting in front of a mediator (often a retired judge) who is only there to act as a moderator between the parties – helpful for conflict resolution – and cannot make binding decisions. However, arbitration is not as formal as a personal injury trial.

When Might a Personal Injury Case in Texas Use Arbitration?

Arbitration may be used during a personal injury case in Texas if the parties cannot reach a settlement through private negotiations or mediation. The parties may try this form of ADR before going to a court trial, as it is a faster and cheaper solution. Certain liability waivers may also require arbitration before a claim is permitted to go to court.

What to Expect During Personal Injury Arbitration

If you find out that your personal injury case is going to use arbitration to try to achieve a resolution, prepare for this legal process by consulting with an attorney. A lawyer can review your specific case to give you personalized advice about what to expect during arbitration.

In general, arbitration is similar to a trial. Both sides of the case will be given the opportunity to present evidence before the arbitrator. The arbitrator will then rule in favor of the plaintiff or defendant based on the facts of the case. If the arbitrator sides with the plaintiff, he or she will order the defendant to pay a specific amount of money to resolve the dispute.

Binding Arbitration Cannot Be Appealed

Unlike a trial, however, an arbitrator’s decision cannot be appealed to a higher court. With binding arbitration, you give up the right to appeal the arbitrator’s determination, even if a mistake of law was made. This is why it is important to have a personal injury attorney representing you and navigating the arbitration process on your behalf.

When to Hire a Personal Injury Lawyer

Arbitration in Texas can be a complicated and overwhelming legal process for an injured accident victim. If you have never been involved in arbitration before, it may not be something you wish to do – especially when your future is on the line. Instead of handling arbitration alone, contact a personal injury lawyer in Texas to represent you.

While hiring an attorney is not mandatory, a lawyer can gather evidence and craft a strong legal strategy for you. Your lawyer can attend arbitration to provide counsel regarding what you should say and whether you should accept an offered settlement. You can trust your lawyer to take over complex legal processes and communications with an insurance company for you while you focus on what matters most: healing from your injuries.