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Alternatives to Filing a Lawsuit After Suffering a Personal Injury

Posted on behalf of Anderson Cummings on May 26, 2021 in Personal Injury

Alternative Dispute ResolutionThe thought of going to court is often enough to prevent injury victims from seeking the compensation they need to cover the costs of medical bills, recover lost wages and other damages.

However, there are alternatives to going to court, and many cases are resolved without the victim setting foot in a courtroom.  

Our personal injury lawyers in Fort Worth may be able to help you recover compensation through Alternative Dispute Resolution (ADR), which may not require filing a lawsuit or going to court.

Our attorneys work on a contingency fee basis, meaning we do not charge you anything up front or while we work on your claim, and we only get paid if you do. 

Mediation

Using the skills of an objective third party, the disputing parties may be able to come to terms on a settlement agreement through the process of mediation.

Mediation is usually a voluntary process in which both parties agree on a mediator who is tasked with getting the disputing parties to agree on a settlement that is more likely to benefit both sides.

However, there are some instances when a judge may order mediation if a lawsuit has already been filed, but a court date has not been set. This is usually done with the purpose of getting the disputing parties to take a closer look at their arguments and see if there is still a way to come to a settlement agreement without going to court.

Resolving a dispute between people who know each other, such as friends or family, may be easier through mediation.

Arbitration

The process of arbitration may be mandatory or voluntary, and binding or non-binding.

Arbitration is usually mandatory when a contract between the disputing parties existed before the injuries occurred. For example, a liability waiver may require any claims brought against the negligent party to be resolved through binding arbitration.

The decision by the arbitrator in binding arbitration may not be appealed and a lawsuit may not be filed, unlike non-binding arbitration in which a lawsuit may be filed to reverse the decision.

When the disputing parties prefer to have a third party decide a case but prefer to avoid costly court fees and the long process of litigation, arbitration may be a good option.

Neutral Evaluation

If there are technical issues that require special expertise to resolve a dispute, neutral evaluation may be considered so that both parties may get the opportunity to have their arguments heard and evaluated by an expert in a particular field to determine what the outcome of a trial may be.

In neutral evaluation, the third party’s opinion is not binding, so if one or both parties feel a lawsuit is necessary, there is no legal red tape.

Settlement Conferences

Like arbitration, settlement conferences may be voluntary or mandatory. But, like mediation, the third party is not the one making the decision. Instead, the settlement officer helps evaluate each side’s argument to help each side reach a conclusion that would benefit both sides.

Call a Licensed Attorney Today

For many injury victims, the thought of going to court may cause them to avoid talking to an attorney, even though he or she may be able to help them recover compensation. At Anderson & Cummings, we understand this concern and are prepared to discuss all your legal options available during your free consultation.

Whether negotiating a settlement or taking your claim to the courtroom, know that our attorneys are prepared for either scenario.

Our attorneys have over 50 years of combined experience trying and negotiating cases, including a $2.3 million settlement for a motor vehicle collision that resulted in a brain injury.

Let us review your claim. Call us today at (877) 920-9009