How Arbitration is Making Life Easier for

Personal Injury Attorneys

The need for filing a lawsuit arises when someone experiences bodily
harm or incurs damages due to the negligence of someone else. For
one to claim damages and seek fair compensation, plaintiffs (the
aggrieved party) need to consult personal injury attorneys to help them
sue defendants (the party causing the injury and/or damage). Typically,
attorneys will review the merits of the case and decide on the legal
action to be taken based on those facts. While a plaintiff may claim
negligence on the part of the defendant, it is the attorneys
responsibility to verify whether there is legitimate cause for action.
Only then can the plaintiff sue the defendant claiming monetary
compensation for medical expenses or property repair.
Typically, the entire process of arbitration is initiated when one party
sends the other party a written demand for arbitration. This demand
generally describes the two parties, their legal dispute, and the type of
relief that is being sought. If both parties agree to the procedure, a
suitable arbitrator is then mutually selected. In most jurisdictions, the
format for arbitration is similar to the one used for trials, which is an
aspect well known to all lawyers including automobile accident
attorneys. Both parties are required to make opening and closing
arguments, present witnesses and testimonies, and offer documents to
substantiate their case. In this case however, the evidentiary rules are
not applicable and the discovery and cross-examination opportunities
are limited.
Compulsory arbitration has increased in the United States, especially
for legal disputes related to public sector employment, court-annexed
programs, and medical malpractice. Several states have also enacted
legislation that requires critical public employees like police, firefighters

and teachers to employ arbitration as the final step for negotiating the
terms of their collective bargaining agreements. Furthermore, courtannexed arbitration has become compulsory for certain categories of
civil cases in several state and federal district courts. The important
aspect to consider here is to understand how court-annexed arbitration
is different and how attorneys for accidentscan leverage this in their
favor.
There are several distinctions between the conventional model for
arbitration and court-annexed arbitration. For starters, court-annexed
arbitration often requires parties to arbitrate rather than voluntarily
participate in the process. Parties also have the right to a court trial if
they are not satisfied with the judgment and compensation awarded by
the arbitrator. The catch here however is that in such cases both parties
are required to pay court costs or the arbitrators fees if they do not
receive a better judgment at trial. But regardless of the type of model
being used for arbitration, all plaintiffs and lawyers, including
automobile accident attorneys, need to be fully aware of the benefits
and restrictions that are part of each process.
Among the many personal injury attorneys practicing in the South
Florida area, Mark Schiffrin P.A. is one law firm that stands apart from
the rest. With over 30 years of experience in areas including personal
injury, slip and fall accidents, automobile accidents, wrongful death and
other types of negligence.Catering exclusively to the South Florida area,
they offer their services in Broward County, Miami Dade County and
Palm Beach County.