You have the right to compensation to pay for your damages caused by someone else’s negligent conduct, such as bodily injuries from a car accident. While many claims are settled without court action, there are situations where a lawsuit is required. These cases may be a denial of fault by the other party or an unreasonable low offer to settle your claim. In this situation, you may be required to initial a lawsuit to have a judge, jury or arbitrator make a determination on the disputed matter.
Arbitration Program Mandatory in Clark County
In Clark County, Nevada, a lawsuit for money damages is automatically placed into the Court Annexed Arbitration Program. The Arbitration Program is mandatory but non-binding which means you must participate in it, but may reject the decision, so long as you do so within the time limits and participated in the process in good faith.
In Arbitration, a random list of arbitrators are populated, and each party may strike some of the potential arbitrators. An arbitrator is then appointed from the remaining names.
The arbitrator serves the functions of both ruling on the law and determining the facts. An abbreviated form of discovery is allowed which usually entails ten requests for Admissions, Production of Documents and Interrogatories known as 10-10-10. The parties are allowed a deposition of the parties and any percipient witnesses. And commonly, medical record review by an expert witness and an Independent Medical Examination of the plaintiff are allowed.
Role of The Arbitrator
At the arbitration hearing, the parties will put on their cases, and the Arbitrator will render a decision. The arbitrator is only authorized to award up to $50,000.00 per plaintiff. Again, if any party is dissatisfied with the Arbitrator’s decision, they may reject it and moved on to trial. In most cases, such a trial will be under the Short Trial Rules.
A party may opt out of the arbitration process if the case has a probable jury award value more than $50,000.00, the case involves significant issues of public policy, or another good cause exists. The goal of the Court Annexed Arbitration Program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters.
If you have questions about the Arbitration process or have been injured in a car accident and looking for a Las Vegas personal injury lawyer, please call The Okano Injury Law at (702) 566-3600.
Law Offices of Rodney K. Okano
6069 S Fort Apache Rd #100,
Las Vegas, NV 89148, USA