If you have signed a contract for cell phone service, gym membership, or furniture rental, you may have noticed a clause related to arbitration. Many companies are using arbitration clauses to avoid litigation costs. By signing the contract, the parties are agreeing to settle any disputes with arbitration instead of a lawsuit. So, what does this mean?
What is Arbitration?
Arbitration is a process of settling disputes by allowing an arbitrator, who may or may not be an actual judge, to hear the evidence and render a decision. The arbitrator takes the place of a judge or jury.
During arbitration, the rules of evidence and other legal procedures that apply in a courtroom do not apply. Arbitration is a much more relaxed process. Each party presents its case, including witnesses in some situations, for the arbitrator. The arbitrator considers the evidence and makes a ruling.
In a binding arbitration, the decision of the arbitrator is just as enforceable as a jury verdict or judge’s decision in a lawsuit. In a non-binding arbitration, either party may decide not to accept the decision. However, the parties must be cautious. If further action is not taken, a non-binding decision could become binding.
Can You Use Arbitration in a Car Accident Case?
It is possible to use arbitration to settle a car accident case. Some people refer to this as mediation. There are some definite advantages to using arbitration to settle an accident claim. The claim may be settled much quicker than a lawsuit, and the cost is usually much less than going through a full trial.
However, not all car accident cases should be arbitrated. Some cases are better heard before a judge and jury, especially cases involving complex issues of law that a judge should hear and rule on prior to the matter going to the jury. An experienced Louisville car accident attorney can advise you about the pros and cons of arbitration or mediation.
Filing a Car Accident Lawsuit
When you are injured in a car accident, you suffer physical injuries and financial injuries. Under Kentucky law, you are entitled to seek compensation for your physical, emotional, and financial damages from the driver who caused the accident. In many cases, the insurance company for the other driver settles the claim outside of court. However, in some cases, you may need to file a personal injury lawsuit.
Because you have fixed time to file lawsuits for car accident claims, it is important that you consult with a Louisville car accident attorney as soon as possible. You want to give your attorney as much time as possible to conduct an independent accident investigation. You attorney needs to identify evidence he can use to prove the other driver is at fault.
Call For A Free Consultation
If you have been injured in a car accident, our Louisville car accident attorneys can help. We offer free, no-obligation legal consultations for accident victims and their families.
Call the Shelton Law Group at 1-888-761-7204 or use the online contact form on our website to request additional information. We want to help you receive the compensation you deserve so that you can continue on the road to recovery after a tragic car accident.