How does arbitration work?

Asked over 3 years ago - Channahon, IL

I was offered an amount to settle on but i dont think its worth my injurys. If i say no and go to arbitration can they say my case is worth less then what the company offered me? I dont want to loose out and my lawyer is just telling me to settle and not telling me my options or how this all works??

Attorney answers (2)

  1. Stephen Laurence Hoffman


    Contributor Level 20

    Answered . Because you have a lawyer, I cannot offer much help.

    The arbitration you describe is likely the court-sponsored arbitration.

    If that is the case, any award can be rejected by either party.

    There is absolutely no guarantee at arbitration or at trial that you will "beat" the offer. In fact, it is very common to have large offers on the table only to receive a not guilty verdict or very low verdict at trial.

    That is why it is a gamble.

    If you have a low offer but the numbers work for you (you get some $ in your pocket, doctors get paid something, you are not in horrible pain for the rest of your life), take the offer.

    If it is a serious injury and the offer is significantly lower than what your lawyer thinks is fair, don't take it, but recognize you are taking a risk.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL

    This answer is provided for informational and advertising purpose and is intended not to be construed as legal... more
  2. Paul Y. Lee

    Contributor Level 18

    Answered . In many ways, going to arbitration is similar to going to trial. The proceedings at an arbitration tends to be somewhat more informal than at trial, but both sides at the arbitration will present evidence and testimony as in trial. Ultimately, you will be "rolling the dice" as you would at a trial. The arbitrator could award you more money than the amount you were offered in settlement or he could award you less (or none at all). If the arbitration is a binding arbitration, you will be bound by the arbitrator's decision. If it is a non-binding arbitration, you likely will have the option to continue to litigate your matter (or attempt to settle again, if the other party is willing).

    This response is for information purpose only and does not constitute a legal advice. This response does not... more

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