Before answering the question of how long arbitration takes in Colorado, it’s important to answer some basic questions first.
What is Arbitration in a Personal Injury Claim?
Arbitration is an informal method of resolving a personal injury claim in Colorado. During arbitration, a neutral third party hears both sides of an injury claim, reviews the evidence, and rules on outstanding issues.
Arbitration can offer parties to a civil lawsuit a more efficient, private, less expensive, and less formal alternative to a jury trial. Arbitrators typically specialize or have extensive knowledge of the disputed subject matter.
Why Use Arbitration in a Personal Injury Claim?
Arbitration may be requested when settlement negotiations have come to a standstill or stalled between the accident victim and the insurance company. Or, there may be no choice but to arbitrate a personal injury case.
Many insurance policies contain arbitration clauses. An arbitration clause requires certain parties to submit to binding arbitration to resolve a dispute.
What is Binding Arbitration?
In binding arbitration, an arbitrator’s decision is final. Unlike a judge’s ruling in civil court, an arbitrator’s decision cannot be appealed through court channels.
How Long Does Arbitration Take in Colorado?
Every personal injury claim is unique. However, the typical car accident injury claim takes three to four months to arbitrate.
While it is not required for an accident victim to have an attorney for arbitration, the process is akin to an informal legal trial, and an attorney is highly recommended.
What is the Arbitration Process in Colorado?
The personal injury victim or their attorney must work out the details of the arbitration with the insurance company’s attorney. This will include but is not limited to:
- Choosing the arbitrator;
- Setting the ground rules for the proceeding; and
- Deciding who will pay for the arbitration process.
Next, each side must prepare their arguments and be ready to defend themselves from attacks from the other side.
The case presentation will proceed as follows:
- Opening statements. Both sides will outline their cases for the arbitrator;
- Presentation of witnesses and evidence. Eyewitnesses will testify. Medical documentation, police reports, and records will be entered into evidence for the arbitrator’s review;
- Questioning and cross-examination of witnesses. Each side will ask their own witnesses questions, and the other side will have an opportunity to cross-examine those witnesses; and
- Closing statements. Each side will summarize the information presented to the arbitrator and restate why the arbitrator should rule in their favor.
The arbitrator generally issues a written decision within 30 days of the hearing. Arbitrators usually include reasonings behind their decisions.
Binding awards are enforceable in civil court.
Contact an Experienced Denver Personal Injury Attorney Today
If you are interested in using arbitration or another alternative dispute process to resolve your personal injury claim, contact the attorneys at Dulin McQuinn Young. We have decades of experience helping Colorado personal injury victims get compensation for medical bills, prescriptions, pain and suffering, and more.
Do not wait to speak with a skilled attorney at Dulin McQuinn Young. The sooner we start your claim, the faster we can start the arbitration process.
Dulin McQuinn Young offers a risk-free consultation. Call or contact us online to schedule your claim review now!