case and decide the value of the claim and resolve any liability disputes. Either party can appeal the decision to a jury trial, but there are financial penalties if the appealing party does not prevail at a jury trial, including triggering attorney’s fees being payable to the prevailing party. If a case is worth more than $50,000, before a jury trial, the parties have to participate in a mandatory settlement conference/ mediation conducted through a judge pro tempore. This is non-binding and if the case does not settle then it is set for a jury trial. What role does insurance play in personal injury dispute resolution, and how do you handle negotiations with insurance companies to maximise compensation for your clients? Arizona has the collateral source rule, so parties cannot discuss insurance in the course of litigation. This leads 56 LAWYER MONTHLY NOVEMBER 2023 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.
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