What is Arbitration in a Virginia Personal Injury Lawsuit?

What is Arbitration in a Virginia Personal Injury Lawsuit?

Personal Injury Info

Arbitration is a type of alternative dispute resolution (ADR) that can take the place of a trial in civil lawsuits. In this process, a neutral person, called an arbitrator, decides the case instead of a judge.

When it comes to personal injury litigation, there are both pros and cons. It is an option you should consider discussing with a personal injury lawyer who can review your rights and obligations when it comes to ADR.

Agreeing to arbitrate a personal injury case

Arbitration is technically a voluntary procedure, which means another party cannot force you to participate. However, many contracts contain arbitration clauses. For example, if you were to bring a personal injury claim against a product manufacturer, there may be an agreement to arbitrate hidden in the purchase agreement. If you file an uninsured motorist claim against your auto insurer, the terms of the policy likely include the same provision.

If there is no contractual relationship between you and the defendant, they cannot force you to participate in arbitration. In those instances, you should weigh this option carefully.

The costs and benefits of arbitration

Speed – Arbitration can be quicker than seeing a case through trial. Yet, some of the usual safeguards are missing from the abbreviated process. For example, the evidence rules are relatively relaxed.
Cost – Overall, arbitration is often less expensive than full litigation, but the costs are up-front. They may be split between the parties or borne by one or the other; if you are a party to an arbitration agreement, it may state who pays.
Binding – If you receive an unfavorable jury verdict or decision by a judge, you may have the option of filing an appeal. The decision of an arbitrator, however, is final. Only in rare instances can it be overturned.
Fact-finder – By arbitrating, you give up your right to a jury trial, but you have a say in who will act as arbitrator. In some cases, this can be valuable because you may be better served by an arbitrator who has specialized knowledge relevant to your case.
Atmosphere – Arbitration is more relaxed than a trial. There are fewer people present, and the process is less formal. However, the results are also less immediate because it can take days or weeks before the arbitrator returns a decision.

Contact us at Rutter Mills for a free consultation

If the other party requests that you participate in arbitration, discuss the option with a personal injury lawyer from Rutter Mills. We are here to help you to determine whether arbitration is the right move for you.

Personal Injury Lawyer Resources – Areas Served

Contact a Rutter Mills attorney to speak about your case today.

First Name*

Last Name*

Email*

Phone*

Message*

I Need Help With*

Consent

By checking this box, I agree to receive SMS text messages from Rutter Mills, LLP. Reply STOP if you would like to stop receiving text messages.

Phone

This field is for validation purposes and should be left unchanged.

Experience

Years Helping Accident Victims

Locations

Convenient Offices

Our Team

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.