Personal Injury Arbitration
- Dan T. Matrafajlo
- Mon Jul 2023
- Accident,Personal Injury,
When an accident claim cannot get resolved informally through direct settlement talks with the insurance adjuster, you may have to file suit or engage in some other alternative means of negotiation. Arbitration is one type of alternative dispute resolution that utilizes an impartial person (an “arbitrator”) who has otherwise no interest or involvement in the case to help facilitate a resolution. The arbitrator will also decide the amount of the award.
Advantages of Arbitration
Arbitration is neither appropriate nor available in every personal injury case. The decision of whether to arbitrate your case can be complicated and should be discussed at length with your New Jersey personal injury attorney.
Arbitration has distinct advantages over litigation. Arbitration can be a great way to preview what the other party or parties would argue in a court of law. As such, arbitration can give you information about the other party’s strength and weaknesses.
Unlike mediation, which is another type of alternative dispute resolution by a third party who is neutral to the case, an arbitration’s decision is a judgment. This means if one party fails to pay the monetary damages aware by the arbitrator, the other party can file suit in the superior court to enforce the judgment.
Appealing an Arbitration Decision
Once an arbitrator renders their final decision on a case, either party has the option of filing an appeal. The appealing party will have to file a Notice of Appeal with the superior court clerk following the Arbitrator’s Award. After the notice is filed, the court will establish a briefing schedule as well as a hearing date for the parties to appear and argue why the Arbitrator’s Award should either be reversed, confirmed, or modified. You have three months to petition to vacate the Arbitration Award.
It should be noted that overturning an arbitral award on appeal is notoriously difficult because the standards review under the Federal Arbitration Act (FAA) and analogous statutes are extremely narrow. Your New Jersey accident attorney can explain those standards and how they have applied to give you a better chance of prevailing, if you choose to appeal.
Call a New Jersey Accident Attorney
If you or someone you know has suffered any type of injury in an accident caused by the reckless or negligent actions of another party, an experienced New Jersey pedestrian accident injury attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.