Legal Question in Personal Injury in New York

My personal injury case -- I was hit by a car in a pedestrian accident -- has gone on almost 3 years. The driver's policy was low, and my attorney had to file a claim against my insurance company (I have a supplemental insurance). Because my insurance company has been very slow in responding to the claim, my attorney had the option to request litigation...but chose to file a request for arbitration instead, without consulting me (based on the cost of litigation, he said the decision to do so vs litigating was a "no brainer").

Shouldn't the client be consulted in a case like this? Based on my injuries (3 surgeries) and clear lack of culpability, I believe I have a strong case which would be resolved more favorably by a jury than by an arbitrator.


Asked on 2/09/13, 12:50 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

While the choice should have been yours, his choice is not necessarily incorrect. It is a judgment call.

Read more
Answered on 2/09/13, 1:06 pm
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

I am afraid I have to agree with your attorney. In my experience, your chances with an arbitrator is more favorable to a jury. My recommendation is for your attorney to provide the arbitrator with similar jury verdicts favorable to your case. In the meantime, if you can save your insurance company a couple of thousand dollars, they are more apt to settle your case within the policy limits, unless your are dealing with the epitome of insurance abuse, Allstate.

Read more
Answered on 2/09/13, 1:12 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York