Using Arbitration to Resolve a Nevada Personal Injury Claim

Using Arbitration to Resolve a Nevada Personal Injury Claim
nevada personal injury claim

To resolve a Nevada personal injury claim, you can take several steps. Instead of filing a complaint or taking legal action, you can use Alternative Dispute Resolution (ADR). Arbitration is a common type of ADR.

Arbitration is not interfered with by any jury but it is for your good that you hire a personal injury attorney who is experienced in their line of work to represent you and your claim. According to the NVBAR, 62,165 cases entered the arbitration in Southern Nevada, 2009.  In other words, 56% of all civil cases were resolved through arbitration.

What Is Arbitration?

The procedure of arbitration is carried out with the submission of a dispute. In this dispute, an agreement of both parties on a binding decision is taken by one or more arbitrators. Arbitrators can solve a dispute privately without the interference of a judge or jury.

Voluntary Arbitration or Mandatory Arbitration:

Arbitrations are mostly voluntary because you cannot be compelled to agree to the arbitration if you are in contradiction of a third party. If Alternative Dispute Resolution (ADR) is agreed upon by both parties then it is considered as voluntary arbitration.

However, in some cases, a judge can order a compulsory arbitration or the arbitration may be considered compulsory in the situation it is a clause in a contract. Filing a claim with your insurance can lead you to compulsory arbitration. If it is a first-party case then your arbitration would become mandatory. Some first-party claims include:

  • Personal Injury Protection (PIP) Claims
  • Medical Payment Claims
  • Uninsured / Uninsured Motorist Claims

As state law mentions; If the dispute is ongoing at the time of agreement and/or if both parties are still in the dispute or the dispute arises even after the date of the agreement, in print arbitration is considered valid and enforceable. In the event an agreement is withdrawn, for any legal reasons, the clause of arbitration will not be applicable.

Binding and Non-Binding Arbitration:

Binding arbitration means that the decision taken by the arbitrator is final and no changes can be made. At this point, no one can challenge the decision by any legal action or other means. But if the arbitration is not binding then both parties, who are in dispute, can accept the decision, take any legal action, or propose any other method of ADR as opposed to arbitration.

Process of Arbitration in a Nevada Personal Injury Claim:

Even though there are similarities between arbitration and a jury trial but unlike jury trial, there is no hearing procedure in arbitration. The process of arbitration resembles more the process of a jury trial.

Choice of Arbitrator:

The choice of an arbitrator to settle a dispute is generally based on his or her merit and experience which is agreed by both disputing parties. A retired judge or a lawyer or someone experienced in resolving issues is qualified to be an arbitrator.

Opening Statements:

Next, both disputing parties are offered an opportunity to submit their opening statements, which indicate the claim and each side specifies what outcome is acceptable to them.

Case Presentations:

Both parties have to present their case and support their case through evidence, to make the arbitrator decide in their favor.

Decision:

To reach a fair conclusion, the arbitrator’s decision is usually rendered on a day other than the closing arguments, as the arbitrator may have a lot of evidence to consider in a Nevada personal injury claim before making a decision.

Advantages and Disadvantages of Arbitration:

There are advantages and disadvantages of arbitration just like any other legal process. For example, an arbitrator may be granted more remuneration than a jury may get.

Some of the advantages of resolving a damage claim through arbitration include:

  • Cheaper than a court process
  • A much faster resolution
  • Rules of evidence are much flexible
  • No testimony in court

Disadvantages of arbitration versus filing legal action include:

  • Your case is decided by a professional jury instead
  • No opportunity to cross-examine witnesses or hear witness statements
  • Discovery is limited
  • The appeal decision is difficult

Need Help With Your Claim? Call Us Today:

Before deciding to resolve a Nevada personal injury claim through arbitration, you should consider seeking legal representation. We will discuss your case and offer you a piece of free advice. If we represent you, nothing would be charged while we are working on your claim and will only be paid if we collect compensation on your behalf. Contact us now.

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