If you or somebody you care about has sustained an injury caused by another person or entity, it may be necessary to file a personal injury lawsuit in order to recover the compensation you need. In some cases, a process called arbitration may be necessary during the course of a personal injury case. Here, the personal injury attorneys in Philadelphia at the Ciccarelli Law Offices want to discuss the arbitration process.
Most personal injury cases are settled out of court. However, how they are settled can vary. Sometimes a case is settled before a lawsuit is even filed. Other times, cases are settled after an alternative dispute resolution takes place, which can include arbitration. Arbitration happens before a jury trial and is an informal legal process in which both sides can dispute, offer evidence and testimony, and work with a neutral third party to attempt to reach a resolution. Typically, an arbitrator is a retired attorney or judge with extensive experience handling personal injury cases. They will not be affiliated with either side, and they will ultimately decide the matter.
Pennsylvania’s New Arbitration Law
On July 1, 2019, Pennsylvania joined 20 other states in adopting the Revised Uniform Arbitration Act (RUAA) as the law governing agreements to arbitrate in Pennsylvania. This law provides guidance on various aspects of the arbitration, including the initiation of arbitration proceedings, arbitrator immunity, the impartiality of arbitrators, discovery proceedings, and more.
Importantly, this new law spells out how all parties involved are to be notified of arbitration, as well as an arbitrator’s duty to disclose any known facts that a reasonable person would consider likely to affect impartiality in the case. This includes personal or financial interests in the outcome, existing relationships with either party and more.
Further, the new law makes it clear that those serving as an arbitrator are afforded the same level of immunity as judges acting in their capacity. Arbitrators also have broad discovery powers, allowing them to take considerable steps in order to determine the facts of the case. This includes permitting discovery from non-parties, deciding conditions under which depositions are taken, issuing protective orders, and taking actions against non-compliant parties in the same way that the court can in a trial.
How Often Do Injury Cases Go to Arbitration?
The majority of personal injury cases are settled through mediation or through a jury trial, but some will use arbitration. In general, medical malpractice cases against health insurance carriers or hospitals will require arbitration. This is likely because, upon accepting treatment from a medical professional, a plaintiff usually signs a binding arbitration agreement with them mandating that they go through arbitration instead of a trial if a dispute arises. Sometimes, car accident cases can also go through arbitration, particularly if a claim is filed under an uninsured or underinsured motorist policy.
If you or somebody you love has been injured due to the negligence of another party, contact the team at the Ciccarelli Law Offices today. Our Philadelphia accident lawyers will walk you through this entire process, including arbitration, to ensure you are fairly compensated for what happened. You can contact us using our free consultation contact form or by calling (215) 228-0100.