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Why Arbitration Is So Important To Personal Injury Attorneys?

Lawsuits are usually brought when someone experiences injury or damagedue to the negligence of someone else. In order to claim damages and seek fair compensation, the aggrieved party (referred to as the ‘plaintiff’) employs the services of a personal injury attorney to sue the party causing the injury and/or damage (called the ‘defendant’). Typically, attorneys will review the merits of the case and decide on legal action based on the facts of the case. While a plaintiff may claim negligence on the part of the defendant, it is the attorney’s responsibility to verify whether there is legitimate cause for action. Only then can the plaintiff sue the defendant claiming monetary damages for expenses such as medical bills or property repair.

 

Most accident and injury disputes are resolved via conventional methods that include civil court lawsuits and trials. However, along with the increasing number of lawsuits, the legal community has raised various concerns regarding the speedy resolution of cases. Court congestion and delays, rising litigation costs, and the negative psychological and emotional impact of litigation are only some of the major concerns that have contributed toward the increased use of alternative dispute resolution methods. Among the several options available for alternative dispute resolution, arbitration is one that is frequently used by attorneys. All lawyers, including auto accident attorneys tend to use arbitration in a judicious manner to resolve legal disputes quickly in an amicable manner.

 

Compulsory arbitration has increased in the United States, especially for legal disputes regarding public sector employment, court-annexed programs, and medical malpractice. Several states have also enacted legislation that requires critical public employees like police, teachers and firefighters to use arbitration as the final step in negotiating the terms of their collective bargaining agreements. Additionally, court-annexed arbitration has become compulsory for certain categories of civil cases in several state and federal district courts. The important aspect here is to understand how court-annexed arbitration is different and how all lawyers, including vehicle accident attorneys, can leverage this in their favor.

 

There are several distinctions between the conventional model used for arbitration and court-annexed arbitration. Court-annexed arbitration often requires parties to arbitrate rather than voluntarily participate in the process. Parties also have the right to a court trial if they are not satisfied with the judgment and compensation awarded by the arbitrator. However, in such cases the parties are required to pay court costs or the arbitrator’s fees if they do not receive a better outcome at trial. But regardless of the type of model used for arbitration, all plaintiffs and lawyers, including attorneys for accidents, need to be fully aware of the benefits and restrictions of each process.

 

Among the many personal injury attorneysin the South Florida area, Mark Schiffrin P. A. is one law firm that stands out from the rest. Backed by over 30 years of practice in areas including personal injury, automobile accidents, slip and fall accidents, wrongful death and other types of negligence, they cater exclusively to the South Florida area in Broward County, Miami Dade County and Palm Beach County.

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