How to Prepare for a Car Accident Arbitration

If you have been involved in a car accident, your claim could potentially be resolved through arbitration. Arbitration is a form of alternative dispute resolution, also known as ADR. ADR is a way of resolving your dispute out of court. This type of resolution can benefit you by saving you time and money.

Although the arbitration process is less formal than a trial in court, it is still wise to be represented by an experienced car accident attorney. The lawyers at John Foy & Associates can be by your side through the arbitration process and help you obtain the maximum compensation possible for your car accident losses.

How Arbitration Works

Many people are surprised to discover that only a very small percentage of legal cases are tried in court. Instead, most individuals involved in personal injury lawsuits choose to resolve their cases through alternative methods, such as arbitration or mediation. Using arbitration as an alternative way to resolve your car accident case can save you substantial money and time.

Arbitration in a car accident case is a less formal way of resolving your claim. Instead of appearing before a judge and jury, your personal injury attorney will present your claim to an arbitrator. An arbitrator is a neutral third party – usually a lawyer or former judge – who acts similarly to a judge.

The arbitrator analyzes the evidence regarding your car accident, listens to each party’s arguments, and then makes a final decision regarding your claim. An arbitrator’s decision in Georgia can be binding or non-binding, depending on your specific car accident claim. If it is binding, the decision cannot be appealed.

The Stages of Arbitration

To fully prepare for your car accident arbitration, it is helpful to know the phases of arbitration. The typical stages of arbitration include:

• Filing your car accident claim
• Receiving the at-fault party’s answer
• Appointing an arbitrator
• Exchanging information and documents
• Attending the arbitration hearing
• Obtaining the award

A skilled personal injury attorney can help you determine whether arbitration is right for you. If participating in arbitration is the most beneficial way of resolving your car accident claim, our lawyers will prepare you for the process.

The Arbitration Process

To prepare for your car accident arbitration, you should know how the actual arbitration process works. Your arbitration will work similarly to a trial but will be less formal. The steps of your arbitration will usually involve the following:

• Opening statements: Your attorney will outline the evidence supporting your claim and tell the arbitrator why you should prevail. The lawyer for the at-fault party will also have the opportunity to try to persuade the arbitrator.
• Presentation of evidence: You and the party responsible for your car accident will have the chance to testify under oath about the circumstances of the accident. Physical evidence, such as medical records, will also be presented to support your claims.
• Witness testimony: The lawyers may choose to question anyone who may have witnessed your accident or how it has affected you. They will have the chance to cross-examine anyone who testifies for the opposing party.
• Closing arguments: Once all evidence has been presented, the attorneys will summarize the evidence and remind the arbitrator why your claim should succeed.
• Decision: After weighing all the evidence presented by both sides, the arbitrator will make a settlement decision. If the decision is binding, the decision cannot be appealed, but if it is not binding, the parties can choose to reject it and continue the case process through trial.

An experienced car accident lawyer can guide you through the arbitration process and prepare you for your car accident arbitration.

What the Arbitrator Considers

Remember that an arbitrator is a neutral party. Being aware of the things they typically consider can help you thoroughly prepare for your car accident arbitration and increase your chances of receiving maximum compensation.

Here are some of the factors the arbitrator will consider in their decision:

• Who was responsible for your car accident
• The severity of your injuries
• How the accident has affected your life
• How much compensation you deserve

Our personal injury attorneys at John Foy & Associates are experienced in car accident arbitrations and know how to prepare you for the best chances of obtaining maximum recovery for your losses.

Getting Ready for Your Arbitration

As your arbitration hearing nears, your attorneys will meet with you to prepare you for the hearing. During this preparation, you and your lawyers will go over the details of your car accident, injuries, and how your life has been affected as a result. You should review all the documents relating to your claim to refresh your memory.

Tips to remember when preparing for your hearing include:

• Dress professionally: You want to make a good impression on the arbitrator. Wear something conservative.
• Be honest: Answer questions asked by your attorney and the responsible party’s attorney honestly. If you do not remember something, simply state that and do not make something up.
• Be straightforward: Be direct and confident when answering questions and describing your accident.
• Listen carefully: Be sure you understand the question being asked of you before you answer. Ask for clarification or to have the question repeated if necessary.
• Speak clearly: It is important that the arbitrator can understand what you are saying. Do not mumble or speak too fast.
• Prepare for cross-examination: Your lawyer will ask you questions they think the opposing attorney is going to ask you. Be prepared with an idea of how you are going to answer.
• Remain calm: Do not be argumentative or answer questions in an aggressive manner. Let your skilled attorneys do the arguing.

Hiring a Car Accident Attorney for Your Arbitration

The most important step you can take after your car accident is to contact the experienced lawyers at John Foy & Associates for a free, no-obligation consultation. We can determine whether arbitration is the best option for successfully resolving your claim. If it is, we will walk you through the arbitration process and fight for maximum compensation for your injuries and losses.