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Monday, February 27, 2017
There are various cases in the news as of late that have been forced into arbitration. This is because more companies are using arbitration clauses in their standard contract wording. Everything from nursing home agreements to gym membership consent forms are utilizing the arbitration clause.
Companies believe that these terms are less expensive to issue, and they assume it protects them if they find themselves facing a personal injury lawsuit later. When you sue a business entity, you may be forced into a mandatory arbitration to resolve your lawsuit rather than taking your claim to court.
Arbitration clauses are typically thrown in near the end of the contract and are often considered the “fine print.” Arbitration clauses are notoriously hidden but will require you to go through mandatory arbitration if you have a disagreement with the party. By signing the contract, you agree to this mandatory arbitration requirement.
Arbitration may be binding or non-binding. If binding, the participants are forced to follow the arbitrator’s decisions, and the courts enforce those decisions. If non-binding, either party may reject the arbitrator’s decision and take the dispute to court for an official ruling. Most contracts have binding arbitration.
Arbitration is a conference meeting instead of a court trial. They are less formal but have an arbitrator overseeing the case. Unlike mediation, decisions made during arbitration are legally binding and cannot be reversed.
These are designed to bring down the costs of a lawsuit, especially compared to traditional litigation. The purpose of arbitration is to come to a solution for both parties – mostly, no party outright wins like in a trial.
While plaintiffs may be forced to go to arbitration, that does not mean that they will lose their cases. In fact, plaintiffs may be successful in their suits through the arbitrator. Arbitration is faster than taking a personal injury claim to trial, and the process is more efficient. When you go through arbitration, you may find that there is less hostility than in traditional litigation.
Arbitration has its disadvantages, too. These disadvantages are a primary reason why you should never sign a binding arbitration agreement unless you are prepared to go through arbitration. Unlike a court ruling, you cannot appeal the arbitration decision. Therefore, if the arbitrator does not rule in your favor, you have on further options for seeking compensation or overturning that decision.
Also, arbitration does not allow automatic discovery. Therefore, the other side is not obligated to share their evidence with you prior to the arbitration meeting. In some cases, arbitration costs could exceed the cost of going to court.
The costs of arbitration vary, but you will encounter multiple fees for having to go through arbitration. You will have your attorney’s fee, the arbitrator’s fee, filing fees, administrative costs, and more.
If you have an arbitration agreement in your contract with a company, and you choose to sue that company for a disagreement, you could be subject to arbitration instead of trial or other routes. If your case is subject to arbitration, your outcome and process will be much different than a traditional lawsuit. Instead of preparing a case with evidence to support your claim, your attorney will be collecting evidence to negotiate the best offer possible.
What you must realize, however, is the other party will get something in return for agreeing in arbitration. The ruling of the arbitrator is final; so, your attorney must ensure that he or she receives the best outcome possible during the process.
The good news is that the rules of evidence are much more relaxed during arbitration. Your attorney will not have to go through the usual verification procedures, and sometimes evidence that is not allowed at trial can be used to convince the arbitrator to rule in your favor.
Even if your contract with a company has a binding arbitration agreement, and you signed that agreement, the arbitration clause is not the end of your lawsuit. Your attorney still has options for negotiating a settlement; in some cases, the other side will agree to settle despite arbitration clauses in place.
However, you must speak with an attorney if you have an arbitration agreement in place. There are different procedures when these clauses are in place, and it is imperative that you work with an attorney who has experience handling personal injury claims with arbitration agreements in place.
Before you sign a contract, it is necessary that you read all of the fine print. If there is an arbitration clause, consider your options and decide if you feel it is worth it to go through arbitration if a disagreement were to arise. Also, remember that contracts are negotiable. In some cases, you can walk away or state that you will not agree to an arbitration clause.
If you were injured and plan to file a suit, but have an arbitration clause in place, contact Malman Law to discuss your options. Our injury attorneys have experience with arbitration cases and clauses, and we can help you still reach a favorable settlement. Schedule a free consultation now by calling our offices or requesting your appointment online.
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
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I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
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Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
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I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
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Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
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I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
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Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
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Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
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I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
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So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
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I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim