A severe car accident can cause significant property damage and life-threatening injuries. From hospital fees to physical therapy expenses, there are many losses an individual can incur from a car accident. If another person’s negligence is the cause of the crash, the injured person has the ability to hold the other accountable for their carelessness. While one method of pursuing legal action is through mediation, where one person facilitates a discussion and eventually a resolution to the dispute, arbitration is another way someone may recover losses from an accident.
Every accident and those involved are unique, requiring tailored legal counsel specific to the needs of the injured and the claim. Our hard-working, professional Sweeney Merrigan Personal Injury Lawyers have over 45 years of experience offering our Massachusetts clients the legal guidance and representation they deserve. Our number one priority is protecting and advocating for our clients. In order to provide the best possible legal services, our Massachusetts arbitration lawyers operate on a contingency fee basis. You won’t have to worry about payments until we’ve prevailed in your claim. Learn more about our services by calling 617-391-9001 or filling out our contact form today.
Table of Contents
When looking to recover compensation for accident losses or hold the negligent person responsible for their actions, many people immediately turn to mediation without realizing their options. Like mediation, arbitration is a type of alternative dispute resolution where a person may resolve a car accident case without spending time in court or facing a judge. After both parties agree to a mutually acceptable arbitrator, usually a lawyer or sometimes a retired judge, they submit an arbitration memorandum to the arbitrator.
An arbitration memorandum is a document that details the positions of each party, who will both present an opening statement and a closing argument. During the arbitration process, the arbitrator hears from witnesses and reviews the details before concluding.
While arbitration is much like a standard trial, the process is less formal and allows both parties to avoid litigation or going to court. Understanding the arbitration process will provide you with a few details that may help you decide whether the process is suitable for you and your case:
In order to begin the arbitration process, you’ll need to file a Request for Arbitration or Notice of Arbitration. Depending on the institution administering the arbitration’s rules, you will need to provide specific information and documentation for a valid request. Individuals should have someone with a legal background to help determine the essential documentation required for the request. They will also ensure you’ve informed your insurance and completed any other necessary steps before starting the process.
Selecting an arbitrator to hear your claim is your first step when preparing for arbitration. The individuals chosen as arbitrators are often highly experienced lawyers or retired judges. Picking an arbitrator is vital for the process since they’re both the judge and jury who will decide the outcome of your claim. Once you agree on an arbitrator, both parties will outline a deadline to exchange documents with the insurance company and for the arbitration hearing.
For car accident arbitration, hearings often occur with all parties in the same room. Arbitrators want to hear a back-and-forth discussion of the claim. By observing the situation and hearing both sides while examining any witnesses or evidence, the arbitrator will have the details to fully understand the facts of the case. The timeline for a hearing depends on the extent of arguments and accidents. However, you should have plenty of time to explain the damages you suffer and why the individual’s actions caused your losses.
The arbitrator will issue an away statement within a week or two after your hearing. The document will provide details about the decision and how they came to their conclusion. Since the arbitration process is legally binding, there is little room to appeal if you’re unsatisfied with the results. However, speak with your Massachusetts arbitration lawyer to ensure there are no options for an appeal.
The arbitration process takes time and often depends on various factors. However, the timeline for most arbitration claims is about three months. Arbitration is a solid and dependable method for those looking for a faster and less formal process. In order to make sure arbitration is right for you and your claim, speak with an experienced and knowledgeable Massachusetts arbitration attorney as soon as possible.
After a car accident, you deserve to recover damages for the losses you incur from a negligent individual. Partnering with a highly-qualified and dedicated Sweeney Merrigan Personal Injury Lawyers, you’ll have access to our knowledgeable legal guidance and resources. We’ve provided over 45 years of trustworthy legal representation to clients across Massachusetts. With positive past results and reviews from previous clients, you’ll have a team you can count on throughout the process.
Named a 2022 Rising Star by Super Lawyers, Attorney Erin E. McHugh takes pride in protecting those suffering from severe car accident injuries. As a key player in recovering $1.75 million for a traumatic brain injury, Attorney Erin E. McHugh has the knowledge and drive to provide clients with a Massachusetts arbitration lawyer they can trust. Schedule a free consultation by filling out our contact form or calling 617-391-9001 today.