A car accident lawyer in Miami at the Falk and Falk Law Firm uncovers the alternatives to trial to seek compensation for injuries and damages in a Florida car accident claim. When many people think about car accident claims, they think of lawsuits and courtrooms; however, there are several alternatives to court. Those wanting to avoid a trial and settle their claims amicably often use mediation and arbitration.
In mediation, both you and the driver of the other vehicle involved in the traffic collision will meet with a trained mediator to resolve your claim. All parties, including the insurance company, must agree to mediation before the process can begin.
Both parties have the ability to decide on a mediator. Choosing the right mediator is very important, so you should ask the court to recommend one who has experience with auto accident claims.
During mediation, the mediator will facilitate a conversation between both sides and makes recommendations when asked; he or she cannot make decisions or force either party to agree to anything. Discussions will continue until parties reach an agreement. If parties cannot reach an agreement, you may be required to go to arbitration or court.
With arbitration, both parties will meet with an arbitrator, who essentially acts as both the judge and jury. During arbitration, each side presents their case and calls on witnesses; however, the witnesses cannot be cross-examined.
The difference between arbitration and a trial is that arbitration is typically a quicker process; lawsuits can drag on for years. Arbitration also allows each party to introduce more facts than would be allowed in court.
There are two types of arbitration: binding and non-binding. With binding arbitration, the arbitrator makes the final decision. The decision cannot be appealed unless you can prove fraud of bias. In non-binding arbitration, the parties can bring their case to court in order to get a ruling; however, many non-binding arbitrations settle before setting foot inside a courtroom.
Contact a Car Accident Lawyer Miami
Even if you decide to pursue an alternative to court for your auto accident claim, seeking the advice of a car accident lawyer in Miami will ensure that you receive a fair deal and your best interests are protected. At the Falk & Falk Law Firm, we can walk you through the mediation and arbitration process and offer guidance every step of the way. For a free consultation on your claim, please call 305-279-0999 today.