How Does Arbitration Work in an Indiana Injury Case?

Arbitration is a way of resolving legal disputes without a trial. It tends to be less expensive and faster than lawsuits, and it is not part of the public record, so everything remains private. Whether your injury case is subject to arbitration may depend on your circumstances, and you should ask a lawyer for help immediately.

Arbitration is an alternative to a trial in court, and you might have no choice but to participate if you agreed to settle certain disputes this way. The arbitration process operates somewhat like a courtroom trial. However, arbitration is much less formal, and the rules regarding evidence tend to be more relaxed. Also, the case is not decided by a judge but by an impartial arbitrator or a panel of arbitrators. The outcome of arbitration is usually binding. If you want to avoid arbitration, an attorney can help you challenge any arbitration requirements you might have previously agreed to.

Call our Indiana personal injury attorneys with Wruck Paupore at (219) 322-1166 for a free, private case review.

How the Arbitration Process Works in Indiana

Arbitration is a form of dispute resolution that occurs privately outside of court. It typically involves disputes that would otherwise be lawsuits if the parties did not already agree to arbitration. The arbitration process tends to resemble courtroom procedures, although it is often less formal.

Arbitration does not involve a judge or jury. Instead, the parties involved may agree upon an arbitrator or a panel of arbitrators, typically a neutral party with legal training, who hears each side’s arguments and evidence and decides who is right.

Unlike a trial verdict, the outcome of arbitration is legally binding. If you enter arbitration, we must treat it as we would a trial, as the arbitrator’s decision may be legally enforceable.

Evidence and Arguments You Can Present During Arbitration

As with a civil injury case, our Indiana personal injury lawyers must present evidence and arguments during the arbitration process. Exactly what we need will, of course, vary from case to case.

Evidence presented during arbitration is generally similar to what would be presented in a court trial, but the rules of evidence tend to be more relaxed. As such, rules that would ordinarily exclude things like inadmissible hearsay may not necessarily apply, and a wider range of evidence may be used.

Ultimately, the arbitrator may decide what is or is not admissible. Generally, the key factor is relevance. If evidence is relevance, it is likely admissible during arbitration.

During arbitration, we may present witness testimony, records, physical evidence, and more. We may also follow ordinary discovery methods to gather evidence from the opposing party.

How Likely is My Case to Go through Arbitration?

Arbitration is more common than you might think, but not every injury case is resolved this way.

Arbitration arises almost always between parties with a preexisting relationship. Most often, the parties agree in writing to settle disputes through arbitration, often through a mandatory arbitration clause in a written agreement or contract. As such, arbitration is common in contract disputes where the parties might have agreed to contractual terms regarding arbitration.

Your case may need to go to arbitration if you signed a contract or waiver before you were injured. This might be the case if you were injured before engaging in services through the defendant’s business or at their facilities, such as recreational activities and extreme sports, which come with a certain degree of risk.

It may be possible to enter into arbitration without having previously signed a contract or waiver, but this tends to be unusual. This would require the parties to agree to it after the injury.

When Arbitration is Required

As mentioned above, arbitration may be included in the terms of some contracts or waivers. In such cases, arbitration may be required as per the agreement terms.

According to I.C. § 34-57-2-1(a), a written agreement to submit to arbitration is valid and enforceable as long as there is no legal reason why the contract should be invalidated or revoked.

If arbitration is required, you may not have the option of suing. People often include arbitration in contract or waiver agreements because they want to avoid lawsuits. Lawsuits can be time-consuming and expensive, and arbitration is less formal, may be completed faster, and is arguably less expensive than a full trial in a court of law.

Can I Challenge Required Arbitration in Indiana?

While arbitration may be required if you signed a contract or waiver with arbitration requirement terms, there might still be ways around it, depending on your circumstances. Arbitration terms may only be enforceable if the rest of the contract or waiver is also enforceable.

An agreement may be unenforceable if the terms are contrary to public interest. For example, contracts between businesses and consumers often include arbitration clauses. However, if the agreement contains terms that undermine consumer protection laws, it may be a violation of public policy and unenforceable. In that case, you can fight the arbitration requirement.

It is possible that your specific dispute is not covered by your mandatory arbitration clause. These clauses usually must be very specific about what kind of disputes are subject to mandatory arbitration. If your dispute falls outside these specifications, you do not have to go through arbitration, and we might instead file a lawsuit.

Is Going to Trial Better Than Arbitration in Indiana?

While arbitration tends to be faster and less expensive, it is not without drawbacks. Whether you are okay with arbitration or would rather fight it and pursue a lawsuit is up to you, and you should ask your attorney for help.

One of the biggest drawbacks to arbitration is that it may be very difficult to challenge outcomes. Appeals options are very limited, and if the arbitrator does not find in your favor, you might have a big problem.

There are also issues of privacy and confidentiality. Trials in court are part of the public record, whereas arbitration proceedings are not. Larger companies often include arbitration requirements in their contracts because they prefer not to have their legal disputes made public. However, you might find that a public trial feels more like justice.

Not only that, but juries in trials tend to be more sympathetic toward injured victims, especially when they are going up against large companies. You might miss out on this advantage if you go to arbitration.

Contact Our Indiana Personal Injury Attorneys for Legal Assistance Now

Call our Indianapolis, IN personal injury attorneys with Wruck Paupore at (219) 322-1166 for a free, private case review.