A Guide To The Types Of Personal Injury Damages Awards
Arbitration is a procedure used to resolve legal disputes generally effective and less expensive than a trial jury. Arbitration is a procedure for voluntary parties to a dispute agree to have his case heard by a neutral and independent, the third place to hear the evidence and then make a decision. These cases could involve a medical error, medical negligence, misconduct or serious hospital cases personal injury. From arbitration to resolve a lot faster than a jury trial that may last for years, by jurisdiction.
Binding arbitration generally means a mini trial or condensed in the rules of evidence are relaxed to allow the presentation of the evidence without the formalities required by the courts. The decision of the arbitrator (s) is final and binding on the parties and puts an end to litigation.
The Parties may agree on an arbitrator to hear and decide the case. In some cases, each party to a dispute choose its own arbitrator and the two arbitrators choose and agree on a neutral arbitrator. The decision of two of the three arbitrators will decide the case and shall be final and binding.
High referees / Low are a form of increasingly popular arbitration. In this type of arbitration, the parties agree before the arbitration large, a low figure. This figure is used to protect the lower part of the injured party and head of the defendant. This means that no matter what the referee awards, net exceed the approved amount greater or less than that accorded a low figure. In accepting the up / down figures for each party provides the lowest amount receives a portion of the greater amount and a party will pay. The high / low figures are not known to the referee before the award.
They may also agree to binding arbitration, which is sometimes referred to mediation, which presents the case even in a more condensed with position papers to provide in advance for the mediator, suggesting indeed a large amount of solution or arrangement that establishes the referee estimates the fair value of the case.
A variety of methods of arbitration of the case and this option should be explored and discussed with your lawyer.