TL;DR
- Arbitration and trial are both valid paths to resolving a personal injury claim, but they work very differently and carry distinct advantages and risks.
- Arbitration is typically faster, less formal, and more private, but the arbitrator’s decision is often final with limited appeal rights.
- Trial offers the right to appeal, potential for higher jury awards, and public accountability, but it is more time-consuming and expensive.
- Many personal injury cases settle before reaching either stage — an experienced attorney can help determine which path is most appropriate for your situation.
Choosing the Right Path Toward Compensation
If you’ve filed a personal injury claim, you may have a critical decision to make: Should your case go to arbitration or trial? While both are legal avenues to resolve a dispute, they work very differently—and each has its pros and cons depending on the circumstances of your case.
Contact Dermer Law today for a free consultation.
What Is Arbitration?
Arbitration is a form of alternative dispute resolution (ADR). Rather than going to court, both parties agree to have the case heard by a neutral third party—called an arbitrator—who makes a legally binding decision.
Key Features of Arbitration:
- Less formal than court
- May be faster and less expensive
- Hearings are typically private
- The arbitrator’s decision is often final and hard to appeal
Arbitration can be voluntary or mandatory, depending on contract terms or court rules. Some insurance policies and employment agreements include mandatory arbitration clauses.
What Is a Trial?
A trial is the formal court process where your case is presented before a judge or jury. It includes strict procedural rules, formal evidence presentation, witness testimony, and the right to appeal.
Key Features of a Trial:
- Follows formal legal procedures
- Includes discovery, motions, and possible appeals
- Decision is made by a judge or jury
- Typically public record
Trials are often longer and more expensive than arbitration, but they may result in higher awards—especially in serious injury cases.
Pros and Cons of Arbitration in Personal Injury Cases
Pros:
- Faster resolution: Arbitration often avoids the delays of court scheduling.
- Lower legal costs: Shorter timelines mean reduced fees and fewer court costs.
- Privacy: Arbitration proceedings are private, unlike public trials.
- Flexibility: Rules of evidence are more relaxed, and scheduling can be more flexible.
Cons:
- Limited discovery: You may have less access to important evidence.
- No jury: If you feel a jury might be sympathetic to your injury, arbitration removes that opportunity.
- Finality: Arbitration awards are difficult to appeal, even if unfair.
- Potential bias: If the arbitrator is chosen or paid through insurance-related programs, neutrality may be a concern.
Pros and Cons of Going to Trial
Pros:
- Jury verdict: In some cases, juries award higher damages than arbitrators.
- Full discovery rights: You can compel documents, take depositions, and fully investigate your case.
- Public accountability: Trials create a record and can deter repeat negligence by defendants.
- Appeal rights: If something goes wrong legally, you have the ability to challenge it.
Cons:
- Longer process: Trials can take a year or more, especially with court backlogs.
- Higher costs: Expert witnesses, court fees, and time spent can add up.
- Stressful experience: Testifying in court and waiting on a jury decision can be emotionally draining.
- Uncertainty: Juries are unpredictable—even with strong evidence.
Which Option Is Better for Your Case?
There’s no one-size-fits-all answer. The best option depends on:
- The severity of your injury
- The complexity of the evidence
- Whether the insurance company is negotiating in good faith
- Whether arbitration is required by contract
- Your tolerance for risk, cost, and time
In general:
- Arbitration may be ideal for smaller claims or straightforward liability issues.
- Trial may be better for high-value claims, catastrophic injuries, or when the other side refuses to offer fair compensation.
Frequently Asked Questions
What is the difference between arbitration and a trial in a personal injury case?
In arbitration, a neutral third party hears the case and issues a binding decision outside of court. Trials are formal court proceedings before a judge or jury with strict procedural rules and the right to appeal. Arbitration is generally faster, less expensive, and more private. Trials allow for jury sympathy, greater transparency, and the ability to challenge a bad decision through appeals.
When is arbitration the better choice for a personal injury case?
Arbitration may be preferable when speed and privacy are priorities, when the parties have a mandatory arbitration clause in a contract, or when the facts are relatively straightforward and the parties want to avoid the unpredictability of a jury. However, arbitration caps may limit recovery in some cases, and the lack of appeal rights is a significant disadvantage if the arbitrator makes an error.
Can I be forced into arbitration for my personal injury claim?
Some contracts — including insurance policies, employment agreements, and service contracts — include mandatory arbitration clauses. Courts will generally enforce these clauses, but there are exceptions including situations where the clause was unconscionable, the process is unfairly one-sided, or the claim involves specific statutory rights. An attorney can review your contracts and advise on whether mandatory arbitration applies.
What happens if I disagree with an arbitration decision?
In most binding arbitration, the arbitrator’s decision is final and very difficult to appeal. Courts generally uphold arbitration awards unless there is evidence of fraud, arbitrator misconduct, or a serious procedural violation. This is one reason why entering arbitration requires careful consideration — the practical inability to appeal a bad result is a significant risk.
How Dermer Law Helps You Decide
At Dermer Law, we evaluate every case individually to determine the best strategy. We help you weigh:
- Likely outcomes in arbitration vs. trial
- Potential costs and risks
- The strength of your evidence
- Long-term goals for recovery and accountability
Whether you settle, arbitrate, or go to trial—we fight for the compensation you deserve.
Contact Dermer Law for a Free Consultation
Not sure whether arbitration or trial is right for your personal injury claim? Contact Dermer Law for a free consultation. We’ll review your case, explain your legal options, and help you make the best decision for your future.
