Alternatives to Going to Trial in Tennessee
Many people are under the mistaken impression that taking a case to trial is a common thing in the legal world. In reality, very few civil cases end up in court, as litigation is expensive and liability is often not seriously in dispute. So, how are these cases resolved? Three alternatives to going to trial are discussed in the material below. All three are invariably cheaper than litigation and allow the parties more control of the outcome, making them an attractive alternative in many cases. For more information or to discuss the specifics of your case, call Bednarz Law today to schedule a free case evaluation with a personal injury attorney in Nashville.
Perhaps the most common and straightforward alternative to litigation is settling a case out of court without assistance or intervention from a third party. In other words, the two parties to the case hammer out an agreement in which the defendant will pay the plaintiff a certain amount of money in return for the plaintiff releasing the defendant from any further liability. In theory, the settlement amount is supposed to approximate the amount of compensation the plaintiff would obtain had the case gone to trial.
Mediation is a process in which a neutral third party (the mediator) attempts to facilitate a settlement between the two parties. While some states make mediation a mandatory step before going to trial, in Tennessee it is voluntary. Mediation is a more formal process than settlement, but the mediator’s role is not to render a decision but rather to facilitate communication in order to reach an out-of-court agreement. Importantly, if your case goes to arbitration (or to trial, for that matter), you can still pursue settlement negotiations throughout the process.
Arbitration is another alternative to taking a case to trial. In many cases, the parties to a personal injury case are required to pursue arbitration because of an arbitration clause in a contract. In arbitration, the parties present their case to a neutral third-party (the arbitrator) who will then decide the case. Arbitration can be voluntary or mandatory based on your contractual relationship with the other party. In addition, it can be binding or non-binding, meaning that you may or may not appeal the arbitrator’s decision.
Contact Bednarz Law Today to Schedule a Free Case Evaluation with a Nashville Personal Injury Attorney
If you have been injured in an accident, you should have your case reviewed by an experienced attorney – even if you think your case is not going to go to trial. At Bednarz Law, our team of experienced lawyers is committed to helping victims get the full and fair value of their claims, whether that involves a settlement, mediation, arbitration, or taking a case to trial. To schedule a free case evaluation with a personal injury lawyer in Nashville, call our office today at 615-256-0100 or contact us online.