[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-happens-when-your-personal-injury-case-is-called-to-arbitration\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-happens-when-your-personal-injury-case-is-called-to-arbitration\/","headline":"What Happens When Your Personal Injury Case is Called to Arbitration?","name":"What Happens When Your Personal Injury Case is Called to Arbitration?","description":"When you are injured due to the negligence or reckless actions of another party, you may be entitled to compensation. However, insurance carriers are not always quick to settle cases for the full value they deserve. Some cases take more lawyering and even go to trial in court. However, you can avoid a court trial… Continue reading What Happens When Your Personal Injury Case is Called to Arbitration?<\/span><\/a>","datePublished":"2018-11-06","dateModified":"2024-11-25","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2018\/11\/bigstock-208991434.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2018\/11\/bigstock-208991434.jpg","height":1060,"width":1600},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-happens-when-your-personal-injury-case-is-called-to-arbitration\/","about":["Personal Injury"],"wordCount":573,"articleBody":"When you are injured due to the negligence or reckless actions of another party, you may be entitled to compensation. However, insurance carriers are not always quick to settle cases for the full value they deserve. Some cases take more lawyering and even go to trial in court. However, you can avoid a court trial by going to arbitration. In some cases, arbitration may even be mandatory under New Jersey law.What is Arbitration?Arbitration is an alternative dispute resolution (ADR) process by which legal matters are resolved without the need to proceed to trial. The dispute is submitted to an arbitrator\u2014a neutral attorney or retired judge\u2014who hears arguments, reviews evidence and renders a non-binding decision, much the same way that a judge would in court.Personal injury cases in New Jersey are often referred to arbitration to avoid the time and expense of a trial. Under New Jersey Court Rule 4:21A, parties in certain civil cases are required to take part in mandatory, non-binding arbitration. Such arbitration can lead to early resolution of cases and save all parties attorneys\u2019 fees and other court-related costs.Cases Required to be Arbitrated Under New Jersey LawThere are several types of cases that New Jersey law requires to be arbitrated. These include:Auto negligence personal injury.Other personal injury cases, not including professional malpractice or product liability.Book account and personal injury protection (PIP) cases against the plaintiff\u2019s insurer.Contact and construction litigation cases deemed suitable for arbitration.The parties can object to arbitration before or within 15 days of receipt of the notice scheduling of an arbitration hearing. After that time, a party who does not want to partake in arbitration is required to file an objection by formal motion.An arbitration hearing is scheduled after the discovery phase of the case. This means that both sides have submitted written answers to interrogatories. At the very least, the plaintiff\u2019s deposition will also occur before the arbitration.What Happens at the Arbitration?Your New Jersey personal injury attorney will notify you of the date of your arbitration hearing. Before the hearing, each party must exchange a statement of the issues. Attorneys for both parties will be present.The arbitrator conducts the hearing while each party presents its case. Since the process is less formal, the hearing is typically held in a conference room, as opposed to a courtroom. After the hearing, the arbitrator will render a non-binding decision based on who he\/she thinks is at fault and grant a written award.For example, in a personal injury case involving a car accident, an arbitrator will decide whether you recover money damages from the other driver\u2019s insurance company, and if so, how much.If you are not unhappy with the arbitrator\u2019s award, you have 30 days to reject it and file a notice with the court called a \u201cdemand for a trial de novo\u201d by which you request a formal trial. The arbitrator\u2019s fee is agreed upon by both parties and generally split between them.Call a New Jersey Car Accident AttorneyIf you or someone you know has suffered any type of injury in a car accident caused by the reckless or negligent actions of another driver, an experienced New Jersey car accident injury attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"What Happens When Your Personal Injury Case is Called to Arbitration?","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-happens-when-your-personal-injury-case-is-called-to-arbitration\/#breadcrumbitem"}]}]