Rochester, New York, Personal Injury: What Happens At An Arbitration?

Jed Dietrich, Esq., is recognized as a New York Super Lawyer. If Another Person’s Negligence Caused Your Injury, You Deserve the Best Representation.

Not every personal injury case goes to court. Under certain circumstances, your claim could be referred to arbitration. Unlike a typical lawsuit, arbitration is akin to a private hearing. While you and the defendant are entitled to hire attorneys, present evidence, and make an argument for or against compensation, your case will be decided by an impartial arbitrator instead of a judge or a jury.

Arbitration could offer a faster, easier solution to a personal injury claim. While you do not need an attorney to arbitrate a claim, these private hearings are still subject to strict procedures. These procedures often advantage whichever side has more time, money, and resources. If your case must be heard in a private hearing, you should always consult an experienced attorney before presenting evidence or trying to negotiate a settlement.

Since our founding in 2005, the Dietrich Law Firm P.C. has been committed to providing the highest level of personal injury service. We have been recognized as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm. Our attorneys know what it takes to ensure our clients get the compensation they deserve, having secured more than $175 million in damages. You do not have to go into arbitration alone: send the Dietrich Law Firm P.C. a message online or call us at (585) 939-3939 to schedule your free, no-obligation consultation as soon as possible.

Arbitration is a form of alternative dispute resolution that can take the place of going to court and help avoid expenses associated with protracted litigation. In arbitration, cases are decided by a neutral third party, the arbitrator. Arbitrators are often former judges or other people with significant legal experience. Arbitration could be:

1. Mandatory: Most plaintiffs only agree to arbitrate a case for contractual reasons. If your dispute is subject to mandatory or forced arbitration, you may not be allowed to file a complaint in court. However, not all arbitration clauses are legally binding. New York State has stringent laws which prohibit mandatory arbitration in certain cases.
2. Voluntary: Any dispute could be settled in arbitration if both parties agree to the arrangement. While voluntary arbitration could provide plaintiffs with faster relief, you should always consult an attorney before consenting to a private hearing, as a lawsuit may be preferable.

Since arbitration often happens behind closed doors, the rules governing the proceeding can vary according to place, circumstance, and the parties involved. The Dietrich Law Firm P.C. could advocate for your rights irrespective of whether you are required to arbitrate a claim or believe that a private hearing is preferable to public litigation. Jed Dietrich, Esq., has spent his entire career defending the victims of negligence, both in arbitration and in court. A recognized New York Super Lawyer and American Institute of Trial Attorneys Litigator of the Year, Jed Dietrich, Esq., has the experience needed to show an arbitrator that you deserve compensation for your injuries. Please call Jed Dietrich, Esq., at 585-939-3939 today to schedule your no-cost consultation.

Although arbitration is less formal than court, proceedings are often similar to trials: both you and the other party will be afforded opportunities to tell your side of the story. The arbitrator will consider your version of events alongside any relevant evidence, laws, and statutes that could affect your eligibility for an award.

While arbitration may seem similar to trials, any argument for recompense should account for the differences. In an ordinary court trial, the evidence must be presented in a way that is comprehensible to jurors, who are usually laypeople unfamiliar with the law and easily influenced by emotion. However, arbitrators are typically legal professionals who demand concise, logical, and well-considered arguments.

When an arbitration hearing begins, both sides will be given a chance to make opening statements. An opening statement is essentially a summation of your argument, intended to summate a claim and sway the arbitrator before evidence is presented. Once proceedings begin, you will likely be asked to testify under oath, explaining:

1. How the accident happened;
2. Why the other party should be held liable for your injuries; and
3. Your assessment of the economic value of your damages.

The Dietrich Law Firm P.C. could provide critical counsel by:

1. Helping You Prepare for Arbitration: If you have been injured at work, in a business, or a private property, you will almost certainly be asked to testify. After you testify, you will likely be cross-examined by the defendant or their attorney. If the defendant has an attorney, their lawyer could use your words against you, requesting information that you are not obliged to divulge. The Dietrich Law Firm P.C. could advise you of your rights throughout the hearing, ensuring that you do not have to say anything that could adversely affect your compensation.
2. Collecting Evidence: Just like trials, the outcome of an arbitration hearing is often contingent on the availability and strength of evidence. Even if you were not able to collect and preserve evidence in the aftermath of an accident, the Dietrich Law Firm P.C. could investigate the cause and extent of your injuries. We could subpoena surveillance camera footage, review internal workplace communications, and request other materials needed to demonstrate the defendant’s liability.
3. Interviewing Eyewitnesses: Eyewitnesses—including friends and family members—could be asked to testify in arbitration. The Dietrich Law Firm P.C. could interview any supporting eyewitnesses before the arbitration hearing to understand what they saw and how it supports your claim.
4. Consulting Experts: The Dietrich Law Firm P.C. could consult expert witnesses for a variety of purposes. If you have been seriously injured and require long-term care, our attorneys could hire a medical specialist who can accurately assess your future financial needs.
5. Creating A Compelling Argument for Recompense: Oftentimes, arbitration takes place outside of court, but it is still a legal process. The Dietrich Law Firm P.C. has protected the rights of personal injury clients since 2005. We could help you construct a compelling argument for recompense.

If you, or a loved one, have been injured in a serious Rochester accident and are considering arbitration as an alternative to court, you likely stand your best chance at securing compensation when you have a seasoned professional by your side. The Dietrich Law Firm P.C.’s experienced attorneys will listen to your story and determine the best strategy for your case. Please send us a message online or call us at (585) 939-3939 to discuss your legal options for relief.

Call the Dietrich Law Firm P.C. immediately at (585) 939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!