Using Mandatory Arbitration in a Washington Car Accident

 
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Using Mandatory Arbitration in a Washington Car Accident
Written By: Josh Lowell ~ 1/30/2023

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Mandatory arbitration is a form of alternative dispute resolution often used in car accident personal injury claims in Washington state. It is a way for parties to resolve their disputes without going to court, and it can be a faster and less expensive option than litigation. Especially in personal injury claims with simpler issues or fewer damages, Mandatory Arbitration can be a simple process to ensure justice in your case.

What is Mandatory Arbitration?

Mandatory arbitration is a type of alternative dispute resolution (ADR) used to resolve disputes outside of the court system. In mandatory arbitration, a neutral third party, known as an arbitrator, is chosen to hear both sides of the dispute and make a decision that is legally binding on the parties involved. While arbitration may be an agreed process between both parties, mandatory arbitration may be selected unilaterally by the plaintiff if their case fits the appropriate qualifications.

One of the main benefits of mandatory arbitration is that it can be a faster and less expensive option than going to court. Arbitration proceedings are typically less formal than court proceedings, and they do not involve the same level of documentation or legal procedure. Importantly, expert witnesses may testify by written declaration and are not required to testify live. This means that cases can be resolved more quickly and with less expense.

In addition, mandatory arbitration allows the parties to choose an arbitrator who has expertise in law related to their dispute. This can be particularly helpful in complex cases, such as car accident personal injury claims, where the parties may prefer to have a specialist arbitrator decide.

How Does Mandatory Arbitration Work in a Car Accident Personal Injury Claim in Washington State?

In Washington state, mandatory arbitration is often used to resolve car accident personal injury claims. This is because car accident cases can be complex and may involve disputes over liability, damages, and other issues.

Mandatory arbitration is required in most counties in Washington for personal injury lawsuits where the damages in questions are under $100,000. It can be expensive and difficult to bring smaller car accident cases in Washington if forced to appear at trial. Mandatory arbitration is a great opportunity to bring these cases to judgment without the time and expenses of a full-blown trial.

Once set in arbitration, the parties will present their cases to the arbitrator, who will then make a decision based on the evidence and arguments presented. The arbitrator's decision is legally binding, which means that the parties are required to follow it.

Pros and Cons of Using Mandatory Arbitration in a Car Accident Personal Injury Claim in Washington State

There are both pros and cons to using mandatory arbitration in a car accident personal injury claim in Washington state. Some of the benefits of this process include:

  • Speed: As mentioned above, mandatory arbitration can be a faster option than going to court, which can be particularly appealing for those who want to resolve their dispute as quickly as possible.

  • Cost: Arbitration is typically less expensive than going to court, as the proceedings are less formal and do not involve the same level of documentation or legal procedure.

  • Expertise: Parties can choose an arbitrator who has expertise in the area of law related to their dispute, which can be particularly helpful in complex cases like car accident personal injury claims.

However, there are also some potential drawbacks to using mandatory arbitration in a car accident personal injury claim in Washington state. These include:

  • Limited appeal: Once an arbitrator has made a decision, it is final and can be turned into a judgment. However, if one party is unsatisfied, they can appeal de novo meaning both parties will be forced into a new trial.

  • Limited discovery: In arbitration proceedings, the parties are typically limited in the amount of information they can request from one another. This may be a boon to expedite the process, but it can be difficult to gather all the necessary information if pieces are missing.

If you are injured in a motor vehicle collision in Washington state, your case might be well-suited for mandatory arbitration. If your injuries are limited, you might find the expedited and inexpensive process beneficial to your needs. The qualified attorneys at the law offices of Magnuson Lowell PS are well equipped to answer your questions about car accident injuries and mandatory arbitration. Call today for a free case evaluation.


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