Arbitration

Understanding Arbitration for Personal Injury Claims in Connecticut

Arbitration is an alternative to going to court for resolving personal injury claims. In arbitration, both parties agree to meet with an arbitrator, who is usually a lawyer, to decide the outcome of the case. Unlike mediation, where the goal is to find a compromise, arbitration focuses on determining who is right based on the evidence presented. The process is typically quicker and more cost-effective than a trial, making it a common choice for many personal injury cases.

However, while arbitration is generally optional, there are situations where it may be contractually required, such as in cases involving nursing home abuse where arbitration clauses are often included in contracts.

How Is Arbitration Different from a Trial?

While both arbitration and a trial are ways to resolve disputes, there are significant differences between the two:

• Trial Process: Trials typically involve a jury of twelve people (in Connecticut), and are more exhaustive. There are more opportunities to object to evidence and cross-examine witnesses. The process is usually longer and more formal.
• Arbitration Process: Arbitration, on the other hand, is generally handled by a single arbitrator who hears both sides and makes a decision. It is quicker and less formal. The standard for evidence is lower in arbitration than in a trial, and hearsay may sometimes be allowed.
• Discovery: In a trial, there’s a discovery period where both sides gather evidence and request documents from the other side. This helps prepare you for what’s to come. However, in arbitration, you may only receive documents during the session itself, leaving you with very little time to review them.

Is Arbitration Good or Bad for Your Case?

Whether arbitration is good or bad for your case depends on the specific circumstances. You won’t know in advance whether you’ll win or lose, but understanding the advantages and disadvantages can help you make an informed decision.

• Jury vs. Arbitrator: Juries can sometimes offer higher compensation because they may be sympathetic toward you. However, juries can also be prejudiced or may not take certain injuries seriously (such as whiplash). In these cases, arbitration may be the better option.
• Strength of Your Case: If your case is weak, you may be unlikely to win a trial but could still receive something in arbitration at a lower cost. If you decide to proceed with arbitration, there may be an option for a “high-low agreement”, which sets a maximum and minimum payout, ensuring you receive at least the minimum no matter the outcome.

Many insurance companies prefer arbitration because it’s cheaper and quicker, and may offer a more predictable outcome for them. Whether arbitration is the right choice for you will depend on the details of your case. Bert McDowell Injury Law can provide guidance and recommend the best course of action.

What If a Nursing Home is Requiring Arbitration?

Arbitration clauses in nursing home contracts are becoming increasingly common. These clauses state that any claims of injury or abuse must be resolved through arbitration rather than through a court trial. This is usually not optional once you’ve signed the contract. While this may seem unfair, it’s a tactic commonly used by nursing homes to reduce their liability.

Some challenges to arbitration clauses may exist, particularly if:

• The elderly person who signed the contract was not mentally competent at the time of signing.
• A family member signed the contract without legal authority to do so.
• The family is the one filing the lawsuit and was not a party to the original contract.

While the courts typically uphold these arbitration clauses, there are circumstances where your lawyer can argue that the arbitration clause should not be enforced.

How We Can Help You With Arbitration

At Bert McDowell Injury Law, we can help you understand your options when arbitration is on the table. Whether you are facing a mandatory arbitration clause in a nursing home case or just considering arbitration for a personal injury claim, we’ll provide guidance to help you make the best decision for your circumstances.

We’ll fight for your rights and ensure you get the compensation you deserve—whether through arbitration or trial.

Need Help with Your Personal Injury Claim?

If you’ve been injured and need assistance with a personal injury claim, including arbitration, Bert McDowell Injury Law is here to help. We offer free consultations to help you understand your options.

Fill out the form on this page or call us at (475) 231-3274 to schedule your FREE consultation today.