There are a few ways that a case can be settled before reaching trial, but the last opportunity to do so is what is in what is known as arbitration. As a Seattle personal injury attorney, I believe that this is one of the best ways to determine the outcome of a case. When dealing with Washington auto accidents, there is a procedure called mandatory arbitration, which allows us to compel the defense (the other insurance company) to go to arbitration – basically a miniature version of a trial. The only stipulation is that the damages, or money we will be asking for, is less than $50,000. One of the major benefits of arbitration is that it acts as a reality check for both sides. Arguments from both sides are heard by an impartial, third party attorney, who ultimately decides whether to award money to the plaintiff, or to side with the defense. The reality check of arbitration allows both sides to see if their case has flaws in it that they may not have realized beforehand, without the cost of trying it in court.

Arbitration is not necessarily the final step, though. If either side is unhappy with the verdict, they are allowed to appeal the case in court. By filing for what is known as a “trial de novo,” the case will be pulled out of arbitration, and put back on the schedule to be heard in court. This may seem like a losing side can drag the case on forever, but there is a system in place to prevent this from happening. The side that loses in arbitration must improve their case in court, and if they do not, then they have to pay the attorney’s fees from the time of the appeal until the case is decided by a judge or jury. This means that if the defense appeals an arbitration decision that awards our side $40,000 and the court decides to agree with the arbitrator and award us the same amount of money or more, then you wouldn’t have to pay a single dime for our time following their appeal. Because those costs can reach tens of thousands of dollars, this is a major disincentive that generally forces both sides to accept the arbitration decision.

With a strong and well developed case that does not exceed $50,000 in damages, mandatory arbitration is a very good move to get you the money you deserve. Because of the cost to pursue a case beyond it, this is an effective approach that works to settle your case. If you have suffered in a Bellevue auto accident, Kent motorcycle accident, or Everett wrongful death, contact the Seattle personal injury law firm the Premier Law Group.

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