Using Arbitration to Resolve a Texas Personal Injury Claim

By Anderson, Cummings & Drawhorn, LLP on April 30, 2021

Arbitration agreement

There are several ways a civil dispute may be resolved in Texas. You can not only file an insurance claim or lawsuit; you may also be able to use Alternative Dispute Resolution (ADR). One common type of ADR is arbitration.

Table of Contents

While no jury will be present during this process, it is still in your best interest to have an experienced Fort Worth personal injury attorney representing you and your interests.

What is Arbitration?

Arbitration is a private type of ADR in which both parties agree to resolve a civil matter by contracting an objective third party, called an arbitrator, to hear both sides of the argument and provide a resolution.

Voluntary vs. Mandatory Arbitration

Most arbitration is voluntary since you cannot be forced to agree to arbitration when making a third-party insurance claim. When both parties consent to this form of ADR, it is known as voluntary arbitration.

However, there are some instances when arbitration can be mandatory due to a clause in a contract or if it is ordered by a judge. Arbitration may be mandatory if you are filing a claim through your own insurance, called a first-party claim, if there is an arbitration clause. First-party claims include:

Under Texas law, a written arbitration agreement is valid and enforceable if the controversy exists at the time of the agreement and/or the controversy arises between the two parties after the date of the agreement. The only time an arbitration clause may not be enforced is if there is a revocation of the contract for some legal reason.

Binding and Non-Binding Arbitration

When arbitration is binding, it means that the decision is final and may not be appealed through a lawsuit or other means. However, if the arbitration order is non-binding, the disputing parties have the option to accept the decision, file a lawsuit or propose another means of ADR as if the arbitration never happened.

Process of Arbitration

There are some similarities between arbitration and a jury trial, except there is no audience for arbitration. That said, the arbitration process is similar to the process of a jury trial.

Choosing the Arbitrator

The arbitrator is usually chosen to help resolve a dispute based on his or her merit and experience and is generally agreed upon by the conflicting parties. An arbitrator is usually someone with experience resolving legal disputes, such as a retired judge or lawyer.

Opening Statements

The next step is to provide both parties the opportunity to present an opening statement where the nature of the claim is laid out and each side presents their desired outcome.

Case Presentations

Each party presents their argument, backed up by evidence, to prove why the arbitrator should decide the case in their favor.

Closing Statements

Before the arbitrator decides on the claim, each party summarizes the strengths of their case and reiterates what they want for their side.

Decision

The decision from the arbitrator is typically issued on a different day than closing arguments, since there may be a lot of evidence for the arbitrator to comb through to come to a fair conclusion.

Pros and Cons of Arbitration

As in any legal proceeding, there are benefits and drawbacks. For example, there is a chance a jury would award more compensation than an arbitrator.

Some of the benefits of resolving an injury claim through arbitration include:

  • Fewer expenses
  • Quicker resolution
  • Relaxed rules for evidence
  • No testifying in open court

The drawbacks of arbitration compared to filing a lawsuit include:

  • Your case is decided by a professional instead of a jury
  • No opportunity to cross-examine witnesses or hear witness statements
  • Discovery is limited
  • Appealing the decision is difficult

Need Help with Your Texas Lawsuit? Call Us Today

Before you decide to resolve a personal injury dispute through arbitration, you should consider seeking legal representation. The attorneys at Anderson, Cummings & Drawhorn, LLP are available to discuss your situation in a free consultation. We may be able to represent you during arbitration to advocate for your best interests.

Our attorneys have more than 50 years of combined experience dealing with large insurance companies looking to deny or devalue claims. We have a track record of success in recovering compensation from insurers looking to avoid accountability.

We offer a free consultation to discuss your claim with no obligation to hire us or take legal action. If you choose to let us represent you, we do not charge you anything while we work on your claim and only get paid if we recover compensation on your behalf.

Call us today at (817) 920-9000.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

Recent Blog Posts

Two crashed cars.

How Dallas-Fort Worth Growth is Increasing Traffic Accident Risks

October 27, 2026

Dallas-Fort Worth’s rapid growth is putting more people, vehicles, construction activity, and development on North Texas roads, increasing traffic conflicts that can contribute to serious accidents. The North Central Texas region continues to add hundreds of thousands of residents, increasing demand on roads throughout the Dallas-Fort Worth area. Fort Worth,...

Read Article
Car accident scene

Steps to Take Immediately After a Car Accident in Texas

October 20, 2026

If you are involved in a car accident in North Texas, move to a safe location, check for injuries, call 911 when appropriate, exchange information, document the crash, seek medical care, notify your insurer, and consider reaching out to Anderson, Cummings & Drawhorn before accepting a settlement. The steps you...

Read Article
Man who slipped on wet floor

Common Causes of Slip-and-Fall Accidents in Fort Worth Businesses

October 13, 2026

Slip-and-Fall accidents in Fort Worth businesses are not only common but also often surprisingly serious. Fort Worth is growing rapidly in terms of both population and economic growth, and some businesses cut safety corners in their rush to keep up. If you’ve been injured in a slip-and-fall accident as a...

Read Article

Request a Free Case Evaluation

Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.

  • Disclaimer

Give Us A Call

We are always available to discuss your case. Give us a call at (817) 920-9000.

Email Us Anytime

Email us anytime and we will get back to you.

We’ll Come To You

Our attorneys will come to your home, office or hospital at your convenience.

Available 24/7

Our team is ready and waiting to help you today.

Fort Worth, TX Office

4200 W Vickery Blvd
Fort Worth, TX 76107

Directions