Arbitration is a way of settling personal injury cases in New York State without holding a trial. It involves the presentation of evidence regarding issues such as the cause of a personal injury, and extent and treatment of the injuries and the damages to the victim to a panel of one or three “arbitrators” who will decide on the dollar value of the case.
An arbitration hearing will usually be held in a venue in the geographic region where the personal injury occurred, so, for example, if you suffer a personal injury in the Town of Amherst or the City of Buffalo, your arbitration would usually take place in Erie County.
Arbitration is somewhat like a trial, but less formal. For example, the parties may submit all medical records, but the actual testimony of the treating doctors is not required. Prior to entering into arbitration, the parties may agree on an upper and lower dollar value limit that will be paid in the case. The arbitrator is usually not informed of these agreed upon limits and may reach a decision on monetary damages that is outside of them, which would result in the damages be raised or lowered to fit within the agreed upon limits.
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