How Arbitration is Making Life Easier for Personal Injury Attorneys

The need for filing a lawsuit arises when someone experiences bodily harm or incurs damages due to the negligence of someone else. For one to claim damages and seek fair compensation, plaintiffs (the aggrieved party) need to consult personal injury attorneys to help them sue defendants (the party causing the injury and/or damage). Typically, attorneys will review the merits of the case and decide on the legal action to be taken based on those facts. 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 compensation for medical expenses or property repair. Typically, the entire process of arbitration is initiated when one party sends the other party a written demand for arbitration. This demand generally describes the two parties, their legal dispute, and the type of relief that is being sought. If both parties agree to the procedure, a suitable arbitrator is then mutually selected. In most jurisdictions, the format for arbitration is similar to the one used for trials, which is an aspect well known to all lawyers including automobile accident attorneys. Both parties are required to make opening and closing arguments, present witnesses and testimonies, and offer documents to substantiate their case. In this case however, the evidentiary rules are not applicable and the discovery and cross-examination opportunities are limited. Compulsory arbitration has increased in the United States, especially for legal disputes related to public sector employment, court-annexed programs, and medical malpractice. Several states have also enacted legislation that requires critical public employees like police, firefighters

and teachers to employ arbitration as the final step for negotiating the terms of their collective bargaining agreements. Furthermore, court-annexed arbitration has become compulsory for certain categories of civil cases in several state and federal district courts. The important aspect to consider here is to understand how court-annexed arbitration is different and how attorneys for accidentscan leverage this in their favor. There are several distinctions between the conventional model for arbitration and court-annexed arbitration. For starters, 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. The catch here however is that in such cases both parties are required to pay court costs or the arbitrator’s fees if they do not receive a better judgment at trial. But regardless of the type of model being used for arbitration, all plaintiffs and lawyers, including automobile accident attorneys, need to be fully aware of the benefits and restrictions that are part of each process. Among the many personal injury attorneys practicing in the South Florida area, Mark Schiffrin P.A. is one law firm that stands apart from the rest. With over 30 years of experience in areas including personal injury, slip and fall accidents, automobile accidents, wrongful death and other types of negligence.Catering exclusively to the South Florida area, they offer their services in Broward County, Miami Dade County and Palm Beach County.