New York City Personal Injury Law Blog
The Expertise to Win Settlement Disputes
Settling Outside the Court
Civil litigations are measures taken by the plaintiff if the personal injury settlement is not acceptable or fair. The plaintiff can try mediation or arbitration for settlements as well. The claimant can approach a New York City personal injury lawyer who can enlighten him or her on various civil litigation subjects before embarking on filing a civil action against the at-fault party.
The insurance company and the victim or claimant agrees to engage a neutral person usually known as a mediator. The mediator’s role is to help both parties and amicably arrive at a desirable solution. The parties involved share the cost toward engaging the mediator’s services. The mediator’s decision becomes enforceable only when both parties accept the decision. Mediation is not an option for many insurance companies and may prefer arbitration, as mediation involves more cash outgo.
The additional payment toward mediation may dent their profitability. If there is a clause for mediation in the victim’s no-fault insurance, the insurance company may prefer settling the claim rather than going the mediation route, if a situation arises.
Mediation commences once the victim and the insurance company zero in on a mediator. Mediators collect their fee in full before the commencement of mediation. After hearing both parties, the mediator tries to settle the dispute and enforce an agreement. The agreement binds both parties.
The arbitrator is a neutral third party like the mediator. The arbitrator does not try to mediate between the fighting parties, but has the authority like a judge to make a ruling. The arbitrator listens to both parties first and conveys his or her ruling in a week’s time. Binding arbitration is a type of arbitration wherein the decision is binding and cannot be appealed.
Neither party has the right to appeal under binding arbitration. In case of non-binding arbitration, the parties are at liberty to accept the decision and if either of the parties chooses to dispute the decision, it may do so by filing a lawsuit. It is always advisable to seek the guidance of the New York City personal injury lawyer in such situations that involve arbitration.
In case of a conflict with the insurance company, you may wish to arbitrate for a settlement. But the clause for arbitration must be present in the insurance policy. The clause facilitates the process of arbitration in case of a dispute. When the victim has the right to arbitrate, the victim can request the insurance company to initiate arbitration by submitting a letter in writing to the effect. The insurance company may not like to press for arbitration fearing additional costs and will proceed to settle the victim’s claim without a whimper.
Mediators and arbitrators are usually judges who have vast experience in areas including personal injury, tax, real estate, probate disputes, healthcare, family, and corporate litigations.
RMFW Wins Cases – This is what we Do
If you or your loved one was injured in a personal injury accident as a result of third party negligence, call a New York City personal injury lawyer to help you turn this wrong into a right. Rosenberg, Minc, Falkoff, & Wolff (RMFW) have law offices located in Astoria, Queens, New York City, and two locations in Brooklyn.
We at RMFW law have won millions of dollars for our clients in personal injury lawsuits and we continue to do so. You pay us nothing until we win or settle. We will not settle until you authorize it. We can be reached right here at 212 697 9280.
No one wants to make this situation right more than we do. We care about your case, as much as you do if your case is viable. We will determine this in the first meeting.