Did you know that? Your injury case may end up in an Arbitration Trial instead of a Jury Trial! Yes, that is correct, and here is how:
Let’s say that you were injured in a car collision by a person who only had minimal coverage in liability of $15,000.00. Let’s also say you were injured badly and you needed a back surgery and other medical care. But, you were responsible enough to have Under-Insured Motorist (UIM) coverage of up to $500,000.00. Further, your case is worth more than $400,000.00.
So, obviously $15,000.00 is not enough to compensate you. That is where you would turn to your UIM coverage. Now, under California law, if your injury claim goes under UIM coverage, and you are unable to amicably settle your injury case with your auto carrier under UIM coverage, then the ultimate remedy is trial by an arbitrator (judge). That is right. A one-person judge. No jury at all. Now, this is both good and bad. It is good in the sense that you do not have to spend time in jury selection which can last 1-2 days, so it saves time, but your result is dependent on one person as opposed to 12 people in the community.
Moreover, the judge is going to be a person who is usually a retired judge, so it may make the evidentiary issues more expedient since that judge is the one who will decide the value. There is give and take here. The reason I telling you about it is that many of my injured clients over the years are totally surprised that they cannot request a jury trial in an UIM (Under-Insured Motorist) situation. Other states allow such jury trials as Texas. Not California.
UIM Case Is Final and Non-Appealable
Also, the Arbitration Verdict in a UIM case is final and non-appealable. So there, now you know in case you were wondering about this.
Well, I hope this video and blog will help you gain insight into how your personal injury case may end up in mandatory arbitration with a one-person judge, and no jury of 12 people from the community. If you still have questions in your injury case, please consider contacting me via email or telephone anytime.
Stay strong, Attorney Mark
Have You Been Injured In A California Car Accident?
If you've been injured in a car accident, you should speak to an experienced personal injury attorney as soon as possible. You can contact us online or call our office directly at 619-813-7955 to schedule your free consultation with one of our car accident lawyers. Our award winning team has been servicing clients since 1999 throughout San Diego, California.