What Happens at Arbitration Hearings for Personal Injury Disputes?

Rather than wait a year or more to bring your personal injury case before a judge in court, you may decide—or in some cases be required—to settle your case through arbitration. This can often result in a faster resolution at less cost. Here’s what to expect.

The Arbitration Presentations

At arbitration, you and a representative—usually an attorney—from the insurance company will sit across from one another at a conference table. The arbitrator will sit at the head of the table. You’ll each have the option of making an opening statement.

As the petitioner, you’ll present your case first. When you have finished, the insurance company representative will present his or her evidence. Each of you has the option to ask questions at the conclusion of the opposing side’s presentation.

You have the right to review any documentation the insurance company’s lawyer presents. If anything he or she says or submits as evidence is unclear to you, be sure to ask for clarification at the end of the presentation.

The Value of Having Legal Representation

If this sounds a bit intimidating, that’s because it may be. Unless you’re a lawyer or a student of law, you’re probably going to find yourself at a disadvantage when you’re in arbitration with an insurance company representative. The insurance company’s representative will have spent years studying and practicing personal injury law, and will possess knowledge and experience you’re not likely to have.

For this reason, having an experienced personal injury lawyer to speak for you during the arbitration process will most likely result in a better outcome for you. The task of the insurance company’s representative is to minimize the settlement amount. You’ll be at an advantage if you have your own legal representation to counter that of the insurance company.

Just as in a court setting, your attorney will advocate for you and ensure every nuance of your side of the story is heard during arbitration.