Arbitration is an alternative dispute resolution tool that sometimes assists people and businesses in resolving their personal injury disputes without going through a more costly and time consuming jury trial.
How Rhode Island arbitration may help your car accident claim
Your lawyer may use a unique Rhode Island law that permits pre-lawsuit arbitration as a useful tool to quickly and efficiently resolves your car accident claim. This may be helpful because if you suffer a personal injury in a car accident, the insurance company may try to lowball your claim. In addition, you may be hesitant to commence a lawsuit against another in the Superior Court system. Arbitration can be better than litigation since it can offer a faster, cheaper, and a more private way to resolve claims. The arbitrator or panel may also have expertise in the subject matter, which can be helpful for complicated claims. The disadvantages of arbitration is that the outcome can be less predictable than in a courtroom, there are few ways 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 possibility the arbitrator(s) may have some unknown bias.
The RI law on pre-suit arbitration of car accident claims.
All insurance policies sold in Rhode Island must allow an injured party the ability to choose arbitration rather than litigation to resolve claims for most kinds of motor vehicle-related damage costing $25,000 or less. During this process, each party submits their arguments to a mutually-selected, impartial person or panel responsible for judging the claim. The person or panel examines all the evidence and then makes a final decision for all the parties involved. The arbitration is non-binding - either party may reject the arbitration's award and proceed to file an RI personal injury lawsuit. Under Rhode Island's pre-trial arbitration provision, either party may reserve their right to a jury trial by providing notice to the other parties by certified mail within sixty days of the arbitrator's award decision. Filing a late notice may 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 moment this sixty-day period expires. Once the arbitration process is complete, a Superior Court justice can only confirm or cancel the award.
Why you should retain a top rated car accident lawyer
Having a top car accident lawyer representing your interests in arbitration can be extremely important. Generally, an attorney can help you negotiate and comply with the arbitration system's rules and deadlines, gather and organize vital information, and effectively present your claim to the arbitrator or panel. Your attorney can also help you preserve your legal rights outside of arbitration. Courts consider pre-trial arbitration as a contractual relationship rather than a court-related proceeding. This means that many of the policy and procedural safeguards courts use to protect your rights in the courtroom do not apply to the arbitration process. Without a good accident attorney to preserve your legal rights outside of pre-trial arbitration, you could lose your right to recovery for your injuries if the arbitration does not go your way.
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