Arbitration is an alternative dispute resolution tool that sometimes assists people and businesses in resolving their personal injury disputes without going through a more expensive and frustrating jury trial.
How RI Arbitration May Help Your Car Accident Claim
Your RI accident lawyer may make use of a unique Rhode Island law that permits pre-lawsuit arbitration as a useful tool to quickly and efficiently resolves your car accident claim. This can be helpful because in the event that you suffer your own injury in a vehicle accident, the insurance company may make an effort to lowball your claim. Additionally, maybe you are hesitant to commence a lawsuit against another in the Superior Court system. Arbitration can be better than litigation since it may provide a faster, cheaper, and a more private method to resolve claims. The arbitrator or panel can also have expertise in the subject matter, which may be helpful for complicated claims. The disadvantages of arbitration is that the results can be less predictable than in a courtroom, you will find few methods to appeal an unfavorable or questionable decision, there is a diminished likelihood that the injured party will recover punitive or other damages, and there is always a chance the arbitrator(s) may possess some unknown bias.
The RI law on pre-suit arbitration of car accident claims
All insurance policies sold in Rhode Island must allow a wounded party the ability to choose arbitration rather than litigation to resolve claims for many forms of motor vehicle-related damage costing $25,000 or less. During this technique, each party submits their arguments to a mutually-selected, impartial person or panel responsible for judging the claim. The individual or panel examines all the evidence and then makes your final decision for all your parties involved. The arbitration is non-binding – either party may reject the arbitration's award and go to file an RI personal injury lawsuit. Under Rhode Island's pre-trial arbitration provision, either party may reserve their directly to a jury trial by providing notice to another parties by certified mail within sixty days of the arbitrator's award decision. Filing a late notice might be an excusable mistake when you file a lawsuit before pursuing arbitration. However, pre-trial arbitration is treated as a contract, making the disputed arbitration award binding the minute this sixty-day period expires. Once the arbitration process is complete, a Superior Court justice can just only confirm or cancel the award.
Why You Should Retain A Top Rated RI Car Accident Lawyer
Having a top RI Brentwood Car Accident Lawyer representing your interests in arbitration can be hugely important. Generally, a RI car accident attorney can assist you to negotiate and adhere to the arbitration system's rules and deadlines, gather and organize vital information, and effectively present your claim to the arbitrator or panel. Your attorney may also assist you to preserve your legal rights outside of arbitration. Courts consider pre-trial arbitration as a contractual relationship rather than a court-related proceeding. Which means most of the policy and procedural safeguards courts use to safeguard your rights in the courtroom don't apply to the arbitration process. With out a good accident attorney to preserve your legal rights outside of pre-trial arbitration, you might lose your directly to recovery for the injuries if the arbitration does not go your way.
