Personal Injury Articles for the Injured of NJ

Arbitration in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jan 11, 2017

By Francis M. Smith

When you are making a personal injury claim, most lawyers will rightly tell you that the process begins with investigation of the accident by your attorney and the insurance company. After both sides have had the opportunity to gain a clear understanding of the incident and assemble the evidence they require to support their claims, the next step is settlement negotiation, in which both sides try to persuade the other to agree to a settlement value closer to their own ideal figure. If the two parties cannot reach a mutually satisfactory agreement, the case goes to trial. In broad strokes, this is an accurate picture of the personal injury claim process, but there are alternatives to several of the steps that can be added to or substituted for these stages. Generally, these alternatives may involve hiring a legal professional to serve as a disinterested third party in pursuit of resolving the claim.

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Topics: Personal Injury, Forced Arbitration, court mandated arbitration, insurance company

What is Court Mandated Arbitration?

Posted by Francis M. Smith on Wed, Dec 17, 2014

By Francis M. Smith

When seeking compensation for your injuries following a car crash or other accident resulting from the negligence of someone else, your case will generally get to settlement negotiations. During this process, you and your attorney will try to persuade the insurance company to agree to a fair settlement sum that will cover all your medical bills, lost wages, fair compensation for what you have experienced, and future problems you will have a result of your injuries. Though a majority of personal injury cases do end with a settlement, insurance companies can be stubborn when it comes to paying out any more money than they think is absolutely necessary, and they have numerous strategies at their disposal to use in an effort to get you to accept a lower settlement than you deserve. If the two sides cannot reach an acceptable settlement agreement, your only option is to sue. And I should say here that many companies - and adjusters inside those companies - just don't settle a case unless it's in suit and they are faced very soon with a trial.

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Topics: Injuries, Settlement Offer, court mandated arbitration

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