Using Arbitration to Resolve a Personal Injury Claim in South Carolina

Agreeing to a settlement or a jury verdict are the only two options that people might think are for solving a personal injury claim in South Carolina. But there are many other ways such as arbitration which can help you settle a dispute.

According to the U.S Bureau of Labor Statistics, there were about 10,400 injury and illness cases reported in 2019, which means there were 4 cases per 100 full-time workers.

What Is Meant by Arbitration?

Arbitration is a procedure in which a dispute is resolved by the agreement of the parties outside the courtroom. Most of the time parties choose arbitration which is a form of Alternative Dispute Resolution (ADR) instead of going to a court. It is always consensual.

Voluntary Vs Mandatory Arbitration:

Voluntary arbitration means that both parties mutually agree to solve their case with a dispute and without the involvement of a court. People prefer this method of solving their matters because they are allowed to choose their arbitrator who is both, experienced and knowledgeable.

But there is also mandatory arbitration which occurs due to a clause in an insurance contract. It can also be considered mandatory if it is ordered by a judge to resolve the dispute through an arbitrator.

Binding Vs Non-Binding Arbitration:

It must be agreed by both parties if the decision is binding or not binding even before bringing the dispute before an arbitrator.

Binding arbitration means that it is agreed by both parties that the decision of the arbitrator is final. Whereas, non-binding arbitration means the case is still ongoing and there might be a chance that the case will go to court.

Advantages of Arbitration:

Just as you file a complaint in a court, arbitration in a personal injury claim in South Carolina has its advantages and disadvantages. Some of the benefits of arbitrating a personal injury claim include:

  • Confidentiality:

Confidentiality is always a priority in arbitration and the terms of an agreement are usually agreed upon behind closed doors.

  • Avoid Hostility:

Hostility can be prevented if both parties are encouraged to work together to reach an agreement.

  • Faster Than Litigation:

Your injury claim in South Carolina will be resolved faster if the bureaucracy of local, state, or federal courts is avoided.

  • Flexibility in Scheduling:

There might be a chance that your case can get postponed because court calendars are overwhelmed most of the time. Flexibility in scheduling a meeting with an arbitrator can provide you ease in the burden of meeting any deadline.

  • Simplified Procedure for Presenting Evidence:

Certain things are not generally applied to the rules on evidence and other procedural practices followed in courtrooms.

Disadvantages of Arbitration:

However, some downsides of deciding a case through arbitration include:

  • Limited Ability to File an Appeal:

You do not have alternatives to appeal the settlement if arbitration is binding as you would likely do with court adjudication.

  • You May Be Forced into It:

Some points or some sections in arbitration of insurance contracts do not give you much capacity to debate for yourself.

  • Rising Costs of Hiring an Arbitrator:

Arbitration is considered more economical as compared to getting assistance through court and going through all their formalities. However, the hourly rate of the arbitrator is overpriced and difficult to be managed by a common man.

  • Questionable Objectivity of the Arbitrator:

The arbitrators are chosen on account of their decisions that cause partiality to insurance companies rather than selecting an arbitrator in an unbiased way.

Process of Hiring a South Carolina Personal Injury Attorney for Arbitration:

Excluding the fact that there is no audience in arbitration, the differences between a jury trial and arbitration are almost negligible.

  • Choosing the Arbitrator:

An arbitrator should have professionalism in resolving licit arguments and be chosen on the ground of their merit and experience. An arbitrator is selected when conflicting parties agreed on appointing one particular arbitrator such as a retired judge or lawyer.

  • Opening Statements:

Secondly, an opportunity to demonstrate an opening statement is given to parties that are involved in a conflict.

  • Case Presentations:

Each party manifests their evidence and arguments to the arbitrator, making it uncomplicated for the arbitrator to make the decision.

  • Closing Statements:

Each party abridges the strength of their case and restates their desired decision before the arbitrator comes to a point of the verdict.

  • Decision:

The judgment or final decision from the arbitrator is provided on the next day of closing arguments as an arbitrator needs time to go through all evidence and proof before coming towards a final decision.

Contact A Qualified Greenville Personal Injury Attorney:

Before resolving your injury claim through arbitration, contact an experienced lawyer for proper guidance. Call us now to schedule a free consultation with a personal injury lawyer in Greenville, SC.