Many large firms try to avoid being sued by compelling customers to participate in something called forced arbitration. Although this is an alternate way to settle a legal disagreement, it may be harmful to the interests of an injured party and their personal injury claim. Here, we’ll go through how forced arbitration might scupper a personal injury claim and what you can do if it happens to you.
The arbitrator will invariably have a greater propensity to decide in favour of the firm that is being accused of being liable for inflicting an accident as compared to the individual who sustained the damage.
If you or someone you care about has been hurt as a result of the carelessness of another person, we strongly advise you to get in touch with an experienced personal injury lawyer in Salem as soon as possible.
How does forced arbitration work?
The act of arbitration itself is an alternate conflict resolution procedure utilised by parties who have a complaint, and arbitration is often conducted by a mediator who is an impartial third party. Arbitration typically takes place without a judge or jury outside of a courtroom. The impartial third party determines the outcome of the disagreement and the appropriate course of action.
How This Can Be a Detriment to a Claim for Personal Injury
When customers are subjected to mandatory arbitration, they run the risk of receiving substantially less compensation than they otherwise would if they were permitted to file a lawsuit against the entity that was responsible for their injuries. This is especially true in the case of victims of personal injuries. When a customer signs a contract that requires them to participate in mandatory arbitration, this nearly invariably prevents them from bringing a personal injury lawsuit in civil court against the person who caused their damage, even in cases when it is obvious that the other party was negligent.
When a lawsuit cannot be tried in front of a judge or jury, the decision-making authority for the case is transferred to an impartial third party known as a mediator. The fact that the firm that was the subject of the complaint is the one who gets to appoint the arbitrator and also has influence over the salary that the arbitrator is paid is the primary issue that arises from this situation.