How Arbitration Could Settle Your Case | Seattle Car Accident Law Firm

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If a settlement cannot be reached through negotiations and mediation, then the last opportunity to settle before going to court is arbitration. As a Bellevue bicycle injury attorney, I believe this is one of the most effective ways to resolve a case. When dealing with Seattle auto accidents, we can use a procedure called mandatory arbitration. This compels the other side to agree to have the case heard in arbitration, as long as the damages we are asking for is less than $50,000. The major value in arbitration is that it acts as a reality check for both sides before engaging in the big costs of going to court. The way the proceedings work, is that a neutral – third party attorney – hears arguments from both sides and awards the case as they see fit. This points out flaws in one side’s personal injury lawsuit that they may not have thought of before and generally ends the claim process right then and there.

Arbitration does not always mean the end of the case though, because the losing side is allowed to appeal the arbitrator’s decision. This side can decide to bring the case to trial by filing for what is known as a “trial de novo.” When this happens, the case is pulled out of arbitration, and put back on the schedule to be heard in court. To prevent the losing side from appealing every time, thus dragging out the case as long as possible, there is a major disincentive in place to deter appealing. If the side that lost does not improve their case in court, then they must pay the attorney’s fee for the other person from the time of appeal to the final verdict. This means that if the defense appeals an arbitration decision that awards our side $40,000 and the court decides to agree with the arbitrator and award us the same amount of money or more, then you wouldn’t have to pay a single dime for our time following their appeal. Taking a case to trial can cost a lot of money for everyone involved, so unless a side is convinced that they will win their appeal, it is likely that they will accept the arbitrator’s decision.

For cases with damages that will not exceed $50,000 mandatory arbitration is a good move that can get the settlement you deserve in an efficient and timely manner. If pursued, arbitration will likely be the end of your case, because the risk of appeal is oftentimes too costly. If you are in need of a Seattle personal injury lawyer, contact the Seattle personal injury law office Premier Law Group office.