A personal injury can alter the course of one’s life. The victim may be left struggling with physical pain and emotional trauma. As a victim of someone else’s negligence or wrongful actions, one can seek compensation for their injuries. While going to court is the first option that automatically comes to mind, one can also opt for either arbitration or mediation. If you are looking for ways to pursue compensation for a personal injury case, check out what the abovementioned options mean.
Arbitration is a dispute resolution method that involves an arbitrator acting as a judge. The arbitrator listens to the arguments and assesses the evidence presented by both parties. Eventually, the parties involved will have to accept the arbitrator’s decision as final and will not be able to appeal further.
There is an exception. In the case of non-binding arbitration, parties can reject the arbitrator’s decision. It means that if you are left unsatisfied with the decision, you can pursue other options. For instance, you can get legal help from expert personal injury lawyers. It will be helpful if you decide to go to court.
Think of arbitration as a mini-trial, where both parties will present their legal arguments and evidence to support their case. It makes the process more time-saving and less formal than conventional courtroom litigation. However, arbitration is more formal than mediation, a process we will learn about next.
Mediation allows for collaboration instead of the confrontation that occurs during conventional courtroom litigation. The mediator, a neutral third person, will facilitate communication and negotiation between the parties involved.
The mediator won’t make any decisions for the parties involved but may suggest some topics for discussion. In most cases, the parties involved meet with the mediator together. However, there may be instances when the mediators meet separately to settle the case.
Mediation has a non-adversarial nature, which is one of its key benefits. Both parties can meet with their legal representatives and settle the issue in a more relaxed and informal setting.
So, are these two options better than going to court? Let’s find out.
Going to Court
Arbitrators and mediators can help reach a settlement, as we have learned above. However, you may not be satisfied with the outcome. This is when filing a personal injury lawsuit and going to court will be the best option.
The jury will evaluate the pieces of evidence and make a decision accordingly. The jury’s decision is based on the evidence presented and the convincing skills of your lawyer. Therefore, you must spend time and money to present strong evidence before the jury.
An injury caused by someone else can disrupt your daily life. Therefore, it makes sense to seek compensation for the damages caused. You can either work with an arbitrator or a mediator to settle the issue with the person responsible for the incident. If this doesn’t work, you can get the help of a capable personal injury lawyer and go to court.