interest. I use my 11 years of experience to determine what my recommendation is to my client, but ultimately it is always my client’s decision. In Arizona, are there any specific laws or regulations that affect the dispute resolution process in personal injury cases, and how do you navigate these legal considerations? Yes; in Arizona, each county has their own mandatory arbitration limits. In Maricopa County, where I primarily practice, a case with a value of less than $50,000 is subject to public arbitration. Through this ADR system, the courts try to limit the amount of cases that go to trial and speed up the resolution process. The arbitrators in these cases are local attorneys with at least five years of experience who are selected at random by the arbitration division to hear the recommend filing suit. I look at the presuit offer and compare that to the facts of the case. Specifically, I look at the total medical expenses; length and duration of care; lost wages; any visible injuries like bruises or abrasions; nature of the injuries (were they soft tissue and invisible or broken bones); type of care (was there surgery or was it conservative care); pre-existing conditions; any comparative fault on the client for causing the collision or contributing to their injuries; any punitive damages that can be sought for the other driver being intoxicated or under the influence; any independent witnesses; the property damage, and what the client’s goals are. Another major factor is how the client is likely to present during a deposition and arbitration. Do they seem honest and credible? Are they going to give precise, succinct answers or add unprompted information? If the client just wants to get their bills paid and does not want to fight, then settlement is in their best THOUGHT LEADER 55 The only major disadvantage to ADR is that it is almost always a binding decision. If the result is not what the client was hoping for, there is no right of appeal.
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