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  • Founded 50+ Years Ago

  • No Fees Unless We Win

  • Serving Clients Statewide

  • $28,000,000+ Recovered

  • Highly Recommended

Should I Arbitrate for a Bracketed Settlement?

The answer on whether to arbitrate for a bracketed high of less than the wrongdoer's liability policy limits offered by the defendant's liability carrier is made on a case by case basis. The factors the plaintiff's attorney and client consider in decision making would include the appeal of the client to a civil jury, the strength of the plaintiff's liability case, the severity of the impact the client sustained in the automobile collision, the number of prior injuries the client had , whether the client had active degeneration of the body part at issue, whether a doctor has opined in the past that the client needed surgery to a body part at issue, whether the client had surgery to an injured body part in the accident, the length of time the client waited to have surgery, prior impairment ratings, how close to the accident date was the client treating for the same medical condition, the effectiveness of the treating physician as an expert witness, the effectiveness of the defense medical examiner as a witness, wage loss suffered by the client, the client's lifestyle changes after the motor vehicle accident, whether the client had subsequent injuries after the motor vehicle collision and the likelihood of securing an intelligent seasoned arbitration panel that can understand the legal complexities of the case. Additionally, not all factors would weigh equally which makes the decision making for the client and his lawyer that much more difficult.

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