Legal Question in Personal Injury in Michigan
Arbitration Decision
Hello,
My name is--name removed---name removed-- I have one quick question that I wanted ask in regards to a current law suit that I have filed. I fell on the property of an apartment complex in Taylor, Michigan and broke my arm in Aug of 2002. An arbitration was held on May 3, 2005 and the panel made an decision of an award of 25,000. My attorney sent the letter out and I had to make an decision of whether to accept the award or reject. I did accept the award amount, however, I am confused about the steps that will be taken after this. Will their attorneys have a chance to deny this amount or is this the final decision??? If you can answer this for me I would truly appreciate it.
Thank-you
3 Answers from Attorneys
Re: Arbitration Decision
I am extremely curious as to why you have not asked your own attorney these questions. Apparently, this was case evaluation, not arbitration since you don't get to accept or reject arbitration. The other side also has an opportunity to accept or reject the award in case evaluation just as you had. Please call your attorney and talk to him or her about the case evaluation process as it relates to your case.
Re: Arbitration Decision
First, I'm curious as to why you are not asking your attorney this question? Also, I'm unsure of whether you are talking about court mandated case evaluation or arbitration/mediation. If it is case evaluation, this is merely an attempt by the courts to resolve matters prior to trial. The court rules provide for a case evaluation, where if both sides accept the case evaluation, the case is settled. If it is arbitration/mediation, then the answer comes from the distinction between arbitration and mediation. Arbitration, which I believe you've stated is the route you have taken, is binding. that is, the decision of the arbitrator is final, no obejections or appeal. Mediation, is non-binding. The mediator makes a recommendation, and/or attempts to broker a settlement agreement, this is usually not binding. For more info, please contact my office at (248)851-3171.
Re: Arbitration Decision
It seems that you are under a misapprehension. I do not understand why you do not have the communication with your attorney to ask these questions. Apparently, you had a case evaluation where you have the opportunity to accept or reject the evaluation. There are repercussions to this decision. You should talk to your attorney to make the proper decision. It is not an offer. William S. Stern 248-353-9400