Most personal injury cases never go to trial. Instead, they typically end through some version of Alternative Dispute Resolution (ADR). Although some cases are more appropriate for ADR than others, personal injury victims have a choice of whether to push their case to trial or try to resolve it outside of court.
An experienced Baton Rouge injury lawyer can help guide you through these options and help you decide whether ADR is right for you. At Chris Corzo Injury Attorneys, our personal injury attorneys understand that no two clients or cases are the same.
We provide individualized attention centered around the facts of your case and your specific priorities. We can also help you evaluate your options and decide whether ADR is the best option or whether your case should proceed to trial.
Call our Baton Rouge injury lawyers at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your Louisiana personal injury claim.
What Is Alternative Dispute Resolution?
When you file a claim, you can try to resolve it with the other party by negotiating a settlement, or you can take it to trial and put your fate in the court’s hands. Alternative dispute resolution refers to any method of resolving your personal injury claim that does not involve a judge or jury making the final decision.
Types of Alternative Dispute Resolution
There are three general types of alternative dispute resolution:
- Settlement negotiation
- Mediation
- Arbitration
Settlement negotiations are the most common and informal type of ADR. Personal injury lawyers begin negotiating with insurance companies and defense attorneys almost immediately when they take on a case.
Your injury attorney will contact the insurance company or defense attorney and explain your position. They will send a demand letter that outlines the facts of your case, provides evidence to support your claim, and demands payment of a specific amount of damages to settle the claim.
The insurance company or defense attorney will typically respond, often making a counteroffer and pointing out any weak spots in your case. The attorneys may exchange several telephone calls, emails, and letters, and try to reach an agreement.
They may finally agree on a number, or they may realize they are too far apart and cannot resolve the claim through negotiations.
Mediation is often used to resolve personal injury cases. This involves using a neutral third party, known as a mediator, to facilitate discussions and help the plaintiff and defendant reach a resolution.
A mediator does not decide your claim. Instead, they encourage cooperation and help the parties work together to find a solution or compromise. Mediation is not binding, and the parties still have control over the process and outcome.
Arbitration is the most formal type of ADR. Both parties present their cases to an arbitrator who makes a decision. As in a trial, an arbitrator will listen to the facts presented by each side, will hear testimony from witnesses, and will consider all the evidence. Arbitration can be binding or non-binding, depending on the agreement the parties enter into in advance.
Louisiana Courts and Alternative Dispute Resolution
Louisiana courts favor and encourage ADR. Some courts even require mediation. Most judges have overloaded dockets, so when a case is settled through ADR, it frees up their time and reduces their caseload.
When courts encourage ADR, it can help push insurance companies to participate in settlement negotiations in good faith and help you recover compensation faster.
However, not every case should be settled through ADR. It makes sense when there is some reasonable middle ground between what you want and what the insurance company is willing to pay. If you are asking for $500,000 and they are offering $400,000, mediation might bridge that gap. If you are asking for $500,000 and they are offering $50,000, you are probably wasting your time trying to mediate.
ADR works better when liability is relatively clear. If everyone agrees the defendant was at fault and you are just arguing about how much your injuries are worth, ADR can more easily help resolve your claim. However, if there is a serious dispute about whether the defendant caused your injuries at all, you might need a jury to decide that question.
ADR is attractive when you need money quickly. Trials take a long time. If you are drowning in medical bills and cannot work, waiting two years for a trial might not be realistic. Settling through mediation in six months might be worth accepting slightly less money than you might win at trial.
You should think twice about ADR when the insurance company is making a terrible offer and shows no signs of budging. Some cases just need to be tried in court. The insurance company needs to see that you are serious and willing to fight. Once they realize you are not backing down, they may suddenly become much more reasonable about the settlement.
Also, think carefully about ADR when your case is worth a lot of money. Really significant cases, such as permanent disabilities, deaths, and life-altering injuries, often do better in front of a jury than in arbitration or mediation. Your story can move juries in ways that arbitrators sometimes are not. And juries can award amounts that might make an arbitrator uncomfortable.
Contact an Experienced Baton Rouge Injury Attorney
If you have been injured because of another party’s negligence or wrongdoing, you may be entitled to recover compensation for your damages. Insurance companies work hard to deny, devalue, and delay claims. You need the help of an experienced Baton Rouge personal injury lawyer to protect your rights and help you recover the compensation you deserve.
At Chris Corzo Injury Attorneys, most of our cases never go to trial. Instead, our team of injury attorneys helps clients decide whether alternative dispute resolution would be appropriate for their claim.
Our goal is to help our clients obtain the full value of their damages as quickly as possible. We can often do that without a lengthy, stressful trial. However, if ADR is not appropriate for our client, our injury lawyers will take their claim to court and demand the compensation they deserve.
Give our Baton Rouge personal injury attorneys a call today at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your claim.