Understanding Alternative Dispute Resolution in Oklahoma Injury Cases
Personal injury cases arise when one party’s careless, reckless, or wrongful actions—all examples of legal negligence—cause injury to someone else. The injury victim, their attorney, and the at-fault party’s insurance company typically resolve personal injury claims through a settlement, but sometimes substantial disputes arise between involved parties, most often over the value of the claim.
A significant dispute over a personal injury claim could result in a case going to trial. Fortunately, an Oklahoma City injury attorney and alternative dispute resolution can sometimes resolve the case with a mutually acceptable settlement to avoid court.
What Types of Alternative Dispute Resolution Are Available in Oklahoma City?
Personal injury claims are often emotionally fraught processes, especially when they involve serious long-term injuries or wrongful death. Few people enjoy going to court, especially when they’ve already experienced a distressing event. Fortunately, only about 4% of personal injury cases require a trial.
The vast majority of cases end with a settlement paid to the personal injury victim through an alternative dispute resolution (ADR) process, such as those described below.
Settlement Negotiations
Negotiating a personal injury settlement is the most common alternative to court. Negotiations typically begin when an injury victim’s personal injury lawyer sends a demand package to the at-fault party’s insurance company.
This package includes the attorney’s findings from their investigation, with evidence of the at-fault party’s liability, a carefully calculated list of the injury victim’s economic damages (like medical expenses and lost income), and non-economic damages (like pain and suffering). Then, the injury attorney and the insurance adjuster assigned to the case enter negotiations.
The personal injury lawyer’s goal is to maximize their client’s financial recovery, while the insurance adjuster’s objective is to protect the company’s profits. Still, most personal injury claims end with a settlement.
Mediation
If the initial negotiation meetings reveal a wide gap between the compensation amount sought by the injury victim and what the insurance company is willing to pay, a personal injury case may move into mediation.
In mediation, all involved parties meet to try to reach a settlement agreement. A neutral third party hears both sides and assists in communication between the involved parties, often by moving between separate rooms to exchange offers and counteroffers until both parties reach a mutually acceptable settlement amount.
An experienced Oklahoma City personal injury attorney can effectively represent your interests during mediation and work toward a fair resolution.
Arbitration
Arbitration in a personal injury claim is a court-like process that takes place in a less formal setting, with rules agreed to in advance by both parties. Each side signs an agreement to abide by the arbitrator’s decision as they would a judge in a courtroom.
Choosing arbitration over court helps to expedite the process rather than waiting for an opening in the court docket. Another advantage is that arbitration remains private since it doesn’t require a court record.
A skilled personal injury lawyer in Oklahoma City can guide you through the arbitration process and present a compelling case on your behalf.
How Can an Oklahoma City Personal Injury Lawyer Help?
Personal injury claims can quickly become complex, especially when your claim has substantial value due to your extensive damages or when it involves multiple parties who share fault under the state’s comparative negligence laws listed under Oklahoma §23-12-13.
An experienced personal injury attorney from Dan Davis Law always seeks a low-conflict resolution while never compromising your best interests. Contact an OKC injury lawyer from Dan Davis Law at (405) 930-4210 to learn more about the alternative dispute resolutions available to you under the unique circumstances of your case.