Accident Trials Versus Arbitration Process

When an accident claim cannot be resolved through insurance negotiations, it may proceed through either arbitration or a trial. Arbitration is typically faster, more private, and less formal, while trials involve courtroom proceedings and decisions made by a judge or jury. The right path depends on the complexity of the case, the damages involved, and whether the insurance company is willing to negotiate fairly.

A Phoenix personal injury lawyer can help you understand the risks and advantages of each option while protecting your right to full compensation. At Gage Mathers, our team combines decades of litigation experience with trial-ready preparation to help injury victims pursue the strongest possible outcome.

Definitions of a Trial and Arbitration

An accident trial is an official court proceeding carried out before a judge or a panel of judges. At the end of the trial, the judge or judges issue their final decision that legally binds all the parties involved.

An arbitration happens out of the courtroom, and it’s presided over by one or a panel of arbitrators, who must be neutral and appointed by the disputing parties. Once they review all the evidence presented to them, they issue a verdict that resolves the case.

Venues

Trials are normally held in public courtrooms, while arbitrations are held in private, including closed conference rooms and other private spaces agreed upon by both parties.

Rules and Procedures

Courts follow strict rules and procedures, while arbitrations are fairly flexible. The rules followed in arbitration cases are usually set by the parties involved, arbitration institutions, or the arbitrators.

In Arizona, the law demands that low-value civil cases be resolved through arbitration. They’re commonly referred to as ‘court-mandated arbitration cases.’ The rules and procedures followed in these cases are determined by the state assembly.

Case Records

Documents originating from an accident trial are public records, and anyone can access and review them publicly. Still, records from an arbitration procedure are confidential and not accessible to the public.

Duration

Arbitrations are often resolved quickly because they can be scheduled at any time agreed upon by the parties. They do not follow the strict procedures involved in trials. Therefore, they can be resolved in days or weeks, depending on their complexity.

Trials are complex and can take months, if not years, to resolve. They must go through extensive court procedures and are scheduled based on case backlogs.  

Expenditure

Although courts charge low fees, the cost of preparing for a trial and hiring legal representation can be very high. On the other hand, arbitrations are fairly cheap because they eliminate court fees and extra expenses accumulated over prolonged periods that court cases take. However, you need to pay arbitrators and your attorney.

In Summary

The best steps after a denied accident claim are either to file a court case, which will result in a trial, or to go for an arbitration. A trial involves court proceedings, while an arbitration helps resolve the dispute away from the court.

Whether you choose a trial or an arbitration, you’ll need a qualified lawyer to represent your interests. At Gage Mathers, we strive to help accident victims get justice and the full compensation they deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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