Got Injured and Don’t Want to Go to Court? Alternative Dispute Resolution Strategies, Revealed
Getting injured due to the negligent actions of another individual or even corporation may make it possible for you to file a personal injury lawsuit. For those who have never had contact with the law, they may envision mighty and fervent courtroom battles, impassioned legal arguments and endless days and weeks of anxiety.
While this is partly accurate for a small percentage of cases, the reality is that the vast majority of all personal injury claims are settled out of court, and if they do make it to court, the details presented could send the average adrenaline junkie to sleep.
Arbitration can take on many forms, and in many cases, mediation is used to decide the fate of a personal injury claim where a third party comes in to oversee the claim and offer impartial legal judgment based off the facts of the case. In addition, personal injury claims can be decided in a number of different arbitration process such as having the case hired by a private judge, as well as binding and non-binding arbitration.
These, in concert, are known as Alternative Dispute Resolution (ADR) methods that may be best suited to certain claims depending on the nuances of your case. Read on to find out how McCready Law uses ADR methods to best recover on your behalf, maximum compensation.
Are you looking for the best countrywide injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of injured individuals recover compensation after getting injured due to the negligent actions of other individuals or large corporations.
Over the decades, we’ve been able to recover over $260 million and counting for our clients, highlighting our legal excellence and commitment to garnering the best possible outcome for our clients. Our success can be attributed to a number of unique factors you will not find in other law firms – we personally handle all claims and do not shunt them over to legal assistants or paralegals, a common practice in most law firms that eventually jeopardizes legitimate claims.
In addition, we work closely with a team of best-in-class experts in the medical, forensic science, and accounting fields in order to build a robust case replete with objective evidence demonstrating causation and negligence, all done to leave no doubt that the defendant was at fault with regard to your injuries and damages suffered. We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast and trusted network of referral attorneys and law firms.
Lastly, we take on all claims on a contingency fee basis, which simply means that there are ZERO UPFRONT FEES during the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to someone else’s negligence, don’t let misconceptions about the legal process discourage you from seeking the justice and compensation you deserve – call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation: our intake team is standing by.
Alternative Ways of Resolving Personal Injury Claims
Let’s take a look at some of the most common forms of alternative dispute resolution:
Binding Arbitration
This is a formal legal process where disputing parties present their cases to one of more arbitrators and not a judge or jury who then renders a legally-binding decision that is enforceable in court with little to no grounds for appeal. What’s great about binding arbitration is the fact that it is cost-effective due to reduced discovery, limited motions as well as a shorter hearing which means fewer costs. In addition, fixed arbitration tends to be much faster and more efficient since discovery is often streamlined or limited, making it ideal for clients who need faster compensation and resolution.
On the flip side, limited appeal rights given the finality of the arbitrator’s decision, the lack of jury trial rights which is essentially a constitutional right, and the reality of splitting of arbitrators’ fees can all be too much for some clients, pushing them into other forms of ADR.
Non-Binding Arbitration
This is similar to binding arbitration with the crucial difference being that the arbitrator’s decision is advisory. Both parties do not have to accept the judgment or award of the arbitrator, but their decision can serve as a strong foundation for settlement negotiations. Some of the advantages associated with this process is it offers an evaluation of the case’s weaknesses and strengths without the risk of an unfavorable or binding outcome.
In addition, it may prompt insurance companies to offer more serious settlements given the potential trajectory of litigation post-arbitration, and the risks are generally low given the non-binding nature of the outcome.
Private Judge
It may sometimes be possible to select a mutually agreed-upon judge to preside over the case. This judge is neutral and typically oversees processes such as discovery, and even a full “private trial” where the entire case is heard and a binding, enforceable judgment is rendered.
Advantages of using a private judge for your personal injury claim include their extensive judicial experience where you get to benefit from their complex legal prowess, the speed and efficiency with which cases are heard compared to often overloaded public court dockets, and privacy and confidentiality which are essential for certain cases where sensitive information must be hidden from public scrutiny.
Disadvantages include the cost of hiring a private judge which is often higher than that of an arbitrator, limited appeal rights due to the binding nature of the judge’s decision and the lack of jury which may have added a different dimension or led to a different outcome to your case.
Best Countrywide Injury Attorneys – Call Us Today!
Confused and don’t know where to start? If you were injured due to someone else’s negligence, don’t wait and don’t speak to anyone before calling us NOW at (314) 481-63338 to preserve the integrity of your potential personal injury claim.
You can call us from wherever you are in the country, and we shall make sure to provide you with timely and 100% FREE legal consultation into the next steps to take in order to secure your compensation. Thanks for choosing McCready Law, and we look forward to helping you.