How the Arbitration Process Can Be Unfair
For many personal injury victims, the idea of going in for third-party arbitration might be appealing since it means they don’t have to go to court or endure the stress of a long-drawn trial. However, Oklahoma personal injury attorneys are well aware that there are no guarantees whatsoever that an arbitration will be a fair process. It is important for injury victims to understand that once a decision is rendered in a binding arbitration, the parties are generally stuck with that decision. There is no appeal process, which means that the parties are at the mercy of the arbitrator.
Nursing homes often require residents or their families to sign arbitration agreements in lieu of going to court in the event the patient is injured or passes away due to alleged neglect or abuse. However, before signing such an agreement, it is important that families consider the disadvantages.
First and foremost, they will lose their right to a jury trial. The use of citizen jurors is fair because it eliminates bias and ensures that important decisions are not left to the whims of one individual. If you get stuck with a biased arbitrator, your case may be doomed from the start.
Secondly, there is little opportunity for “discovery.” In a civil case, this is the process by which the facts of the case are gathered through the collection of pertinent documents and evidence and the conduction of interviews of key players under oath. During an arbitration process, there is little or no recourse if the defense lawyer chooses not to produce nursing home employees to testify.
In addition, you may wish to consider the following:
- Cost: Arbitration could cause plaintiffs tens of thousands of dollars more than litigation including filing fees, arbitrator costs, and expenses relating to court reporters and transcripts.
- Quick decision: While the shortened time period may help a defendant get rid of the case quickly, it may not result in fair compensation for the plaintiff. Since the burden of proof in such cases is on the plaintiff, he or she may not have sufficient time to build a case and present the facts.
- Lower awards: In general, arbitration results in lower awards for plaintiffs compared to jury trials.
There is a good reason why nursing homes are aggressive when it comes to mandating these types of agreements as a condition for admission. They know that such a process, which eliminates an impartial jury and significantly lowers the risk of a higher payout, will obviously work to their advantage. To find out more about your rights and legal options, please contact the Maples Law Firm at (405) 705-5050 for a free consultation.