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