What is Arbitration?
Arbitration is, “the submission for determination of disputed matter to private unofficial persons selected in manner provided by law or agreement.” (Black’s Law Dictionary 134. 4th Ed. Rev. 1968)
Arbitration is a form of Alternative Dispute Resolution, serving as an alternative to a jury trial. It involves a legal dispute being settled by a neutral third party to a plaintiff and defendant. That third party is known as an arbitrator. In arbitration, unlike other kinds of ADR, the arbitrator’s decision on a matter is final. In that way, arbitration is somewhat like a mini-court case. However, there are differences in the role of an arbitrator in arbitration and a judge in a court case. Arbitrators are chosen and agreed upon by both parties rather than appointed. They do not necessarily need to have legal expertise, although many do. It is also harder to appeal an arbitrator’s decision than it is to appeal a court’s decision.
Arbitration can either be voluntary or compulsory. It is voluntary when both parties freely agree to terms at the time of arbitration. It is compulsory when there is a prior agreement that may require one party to arbitrate and outlines the terms of arbitration. Compulsory arbitration is typically found in contracts. Some commonly observed benefits of arbitration are that it is a quicker, cheaper, and more private alternative to the court system. However, some cons are the limited appeal rights and potential for bias in individual arbitrators that come with arbitration.
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Who Is At Fault in Most Philadelphia Motorcycle Accidents?
If you’re a motorcyclist who was involved in a crash with disputed liability, you might wonder who is at fault for most Philadelphia motorcycle accidents. In many cases, liability falls on negligent drivers, but determining fault requires careful legal and factual analysis. At Munley Law, we’ve spent nearly 70 years helping injured riders uncover the truth and pursue full compensation.
Motorcycle accidents often involve complex liability questions, especially when multiple parties share responsibility. Understanding how fault is determined can directly impact your financial recovery.
Our nationally recognized trial lawyers – including members of the Multi-Million Dollar Advocates Forum and attorneys listed in Best Lawyers in America – combine deep legal experience with proven results in high-stakes injury claims. Since 1959, we’ve recovered over $1 billion for injured victims in Philadelphia and nationwide.
We investigate every detail, from driver negligence to roadway hazards, […]
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Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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How Long Does a Car Accident Lawsuit Take in Harrisburg, PA?
A car accident can happen when you least expect it, thrusting you into a complex and often daunting legal process. Understanding the timeline of a car accident lawsuit is crucial, as it can significantly impact your life during the recovery period. From filing a complaint to navigating the intricacies of the Pennsylvania court system, the duration of your lawsuit can vary widely based on numerous factors.
Here, we’ll delve into the question on every accident victim’s mind: How long does a car accident lawsuit take in Harrisburg, PA? We’ll explore the stages of the legal process, the factors influencing its duration, and the vital role of a Harrisburg car accident lawyer in guiding you through this challenging journey.
Understanding the Legal Process in Harrisburg, PA
The legal process after a car accident can feel daunting, but it can help for victims to understand exactly what to expect. […]
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Third Party Claims in Workers’ Compensation Cases in Harrisburg
If you’re facing the complexities of workers’ compensation issues right here in our state’s capital, you’re not alone. Our team at Munley Law understands the unique challenges that Harrisburg workers may encounter when navigating the workers’ compensation system and dealing with third-party claims. We’re here to guide you through the process, providing you with the knowledge and expertise needed to protect your rights and secure the compensation you deserve.
Harrisburg, the vibrant capital city of Pennsylvania, is a city teeming with diverse industries, from government and healthcare to manufacturing and education. With so many workers contributing their skills and dedication to our community, workplace accidents and injuries can unfortunately happen. When they do, it’s crucial to have a trusted Harrisburg workers’ compensation lawyer by your side to ensure you receive the full benefits and protections you’re entitled to under Pennsylvania law.
At Munley Law, […]
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What You Should Know About Going to Court After a Truck Accident
How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached
Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.
With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]
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Who Determines Fault in a Car Accident?
Parties Who Determine Fault in Car Accident
If you’ve been injured in a car accident, one of the first things you might think is “That was not my fault!” Once the immediate stress of the accident wears off you might start wondering, “But how do I prove that? Can I prove that? Who actually determines the fault in a car accident?” Fault is not necessarily decided by one party. Rather, the police report, your insurance company, and sometimes the other driver play a role in determining fault in car accidents.
In order to recover compensation for damages in an auto accident, you should consult an experienced car accident lawyer. The team at Munley Law Personal Injury Attorneys has decades of experience helping the victims of car accidents and we’re here to offer a free consultation and free case review today. […]
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Uber will no longer force assault victims to arbitration
Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed. Rather, these cases can now be brought to court and be heard by a jury.
Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.
The policy change does not include other forms of harassment.
Arbitration used to silence victims of assault and harassment
Because of confidentiality agreements, the company has been able to keep the issue out of the press. […]
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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
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New York Man Awarded $1.5 Million After Debilitating Auto Accident
A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.
The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle. He was diagnosed with acute lumbar spine injuries. The defendant’s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.
InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
