If you are pursuing a personal injury case, you should know your rights. One of those rights is to participate in the Arbitration Program annexed by Superior Court. While this program can be binding or non-binding, it can be very helpful in settling your personal injury case outside the court. As a result, you will be able to save considerable time, money and energy. Go over the following five rules of the arbitration program to better understand your rights against the huge insurance companies that you will be up against.
Rule 1
With the exception of certain cases, any civil claim under $100,000 (excluding lawyer's fee, court expenses and interest) that is filed in the Superior Court is subject to the arbitration process. Your case can be taken back from the arbitration by Superior Court if it finds that the claim is less than $100,000.
Rule 2
Both parties in the dispute have the option to choose an arbitrator within a period of 30 days. The Superior Court will give you a list of potential arbitrators and your selection should come from this list. Failure of the parties to agree on one name will prompt the Superior Court to shortlist the candidates, ask both parties to eliminate any two, and then choose one name from the other three.
Rule 3
You are required to provide a witness list, any evidence (including documents) and a short statement outlining your case arguments at least ten days prior to the arbitration. Witnesses can be compelled to testify and documents can be subpoenaed by the arbitrator. Discussing important case issues with the arbitrator in the absence of the other party is prohibited. If a party does not show up for the arbitration after being notified, the arbitrator has the authority to hear the present party's arguments and make a binding decision.
Rule 4
Once a decision has been made, the arbitrator will file it in the Superior Court no later than ten days after the arbitration result. Factual findings are not required to be part of the submitted decision unless requested by a party. The arbitrator has the authority to award more than $100,000.
Rule 5
If you are unsatisfied by the result of the arbitration, you can pursue a trial by filing a written rejection within twenty days of the arbitration result. Insurance companies will try their best to avoid, minimize and/or delay any payments you are entitled to for your personal injury. Knowing your rights and enlisting the help of an able attorney can help you get most of your possible claim amount quickly.
Take advantage of what mediation can bring in resolving a personal injury dispute. If you want the help of a seasoned mediator, contact M. David Halpern 814-940-1565 and talk to him about your concerns. David practices mediation and arbitration of personal injury and medical malpractice issues, both privately and for the court systems. Visit http://www.halpernmediation.com/ for more information.