Mandatory Arbitration vs. Trial: The Lifecycle of a Spokane Lawsuit
The question “Will I have to go to court?” is one of the first things injured people ask when considering legal action. In Washington State, and specifically in Spokane, the answer is often “no,” or at least, “not in the way you might think.”
While television shows depict every case ending in a dramatic jury verdict, the reality of personal injury lawsuit steps in Washington is quite different. The vast majority of cases here are resolved through settlement or a less formal process called Mandatory Arbitration, designed to make the legal system faster and less intimidating for everyone involved.
Key Takeaways about Mandatory Arbitration vs. Trial
- Washington State law requires civil cases seeking damages under a certain amount to go through arbitration rather than a jury trial.
- In Spokane County, this limit is generally set at $100,000 per claimant, keeping many personal injury cases out of the courtroom.
- Arbitration takes place in a conference room with a neutral decision-maker, making it less formal and more private than a Superior Court trial.
- If either party is unhappy with the arbitration award, they have the right to request a “trial de novo” and proceed to a jury trial.
- The discovery phase allows both sides to gather evidence before reaching the arbitration or trial stage.
The Personal Injury Lawsuit Steps in Washington
The path of a lawsuit follows a structured timeline, but it does not always lead to the Spokane County Courthouse tower. The process begins long before a judge gets involved. It usually starts when an injured person finishes their immediate medical treatment and looks at the impact the incident has had on their life.
If the insurance company refuses to offer a fair amount, a lawsuit may be necessary to protect the injured person’s rights. This involves several stages:
- Pleading Phase: Documents are filed with the court to officially start the case.
- Discovery Phase: Both sides exchange information and evidence.
- Dispute Resolution: This includes mediation or mandatory arbitration.
- Trial: This only happens if earlier steps do not resolve the issue.
Each of these phases serves to clarify the facts of the case and bring the parties closer to a resolution.
Filing a Complaint vs Settlement
There is a significant difference between filing a complaint vs settlement when it comes to negotiations. Negotiations can happen at any time, even before a lawsuit is filed. However, if the insurance company is stalling or undervaluing a claim, filing a formal complaint is the legal mechanism that forces the process forward.
Filing a complaint does not mean settlement talks stop. In fact, filing often shows the insurance company that the injured party is serious. Once the complaint is filed and served to the defendant (the person or company being sued), the clock starts ticking on strict deadlines. This structure prevents the case from sitting idle and ensures that both sides work toward a conclusion.
The Discovery Process Explained
Once the lawsuit is filed, the case enters the discovery phase. This is often the longest part of the lifecycle. To have the discovery process explained simply: it is the time when both sides show their cards. There are no surprise witnesses or hidden documents allowed in civil lawsuits.
During discovery, the following usually occurs:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Requests for documents like medical records, police reports, and repair bills.
- Depositions: In-person interviews where lawyers ask parties and witnesses questions under oath, recorded by a court reporter.
This exchange of information helps both sides evaluate the strengths and weaknesses of the case, often leading to renewed settlement discussions.
Discover how insurance companies calculate non-economic damages and find out what your pain and suffering might be worth in Washington after an accident.
Mandatory Arbitration Limits in Spokane County
This is where the local procedure in Spokane becomes very important for easing client anxiety. Washington State has a system called Mandatory Arbitration (MAR). Under RCW 7.06, counties can authorize mandatory arbitration for civil actions where the sole relief sought is a money judgment.
Mandatory arbitration limits in Spokane County are currently set at $100,000. This means if a person is claiming damages of $100,000 or less, the case is transferred to an arbitrator rather than being scheduled for a jury trial. The arbitrator is usually an experienced personal injury attorney approved by the court who acts as a private judge.
This system offers distinct advantages for the injured person:
- Less Intimidation: Hearings are usually held in a conference room, not a courtroom, which is much less scary for someone telling their story.
- Speed: Arbitration hearings can often be scheduled months sooner than a jury trial.
- Cost-Effectiveness: It is generally much cheaper to prepare for arbitration than a full jury trial, leaving more of the settlement for the client’s recovery.
Because so many car accidents and slip-and-fall cases fall under this $100,000 threshold, many clients will never have to set foot in a courtroom.
What Happens at Arbitration?
If a case goes to arbitration, the attorney and team prepare a “pre-hearing statement of proof.” This packet includes medical records, bills, wage loss documents, and a summary of the facts.
At the hearing, the injured person will likely testify about how the injury happened and how it affected their life. The arbitrator listens to the evidence, reviews the documents, and issues a decision on the monetary award. This decision is filed with the Superior Court. If neither side appeals, that decision becomes the final judgment.
When a Case Goes to Trial
While arbitration resolves many cases, it is not always the end of the road. If either the plaintiff (the injured person) or the defendant (usually the insurance company) dislikes the arbitrator’s decision, they can file a request for a “trial de novo.” This essentially wipes the slate clean and moves the case to a regular jury trial.
However, there is a risk involved in appealing an arbitration award. If the party that appeals does not improve its position at trial, it may be ordered to pay the other side’s attorney fees. This rule encourages all parties to accept reasonable arbitration awards and avoid clogging up the court system with unnecessary trials.
Even if a case is set for trial, settlement is still possible right up until the jury is selected. The goal is always to achieve a fair outcome, whether that happens at a conference table or before a judge.
Washington Personal Injury Lawsuit Process FAQs
Here are answers to common questions about the legal timeline and what is required of you during the process.
Do I have to attend every meeting or hearing?
You generally do not need to attend procedural hearings where lawyers discuss scheduling with the judge. However, your presence is required for your deposition, the arbitration hearing, and the trial if the case goes that far. Your involvement is crucial because you are the best person to explain how the injury has impacted your life.
Is arbitration binding?
Mandatory arbitration is binding unless one of the parties files for a trial de novo within a specific timeframe, usually 20 days after the award is filed. If no one appeals the decision, the award becomes a final judgment that must be paid.
Can I skip arbitration and go straight to a jury trial?
If your claim is valued under the $100,000 limit, you typically must go through the arbitration process first. However, if your damages clearly exceed that limit, your attorney and team can bypass arbitration and file for a traditional trial setting.
What happens if I lose at arbitration?
It is rare to “lose” entirely in an injury case where liability is clear, but the arbitrator might award less money than you hoped for. In that scenario, you have the right to appeal and take the case to a jury trial, though you must weigh the risks of costs and fees before doing so.
Contact Fannin Litigation Group for a Free Consultation
If you have been injured and are worried about the complexities of personal injury lawsuit steps in Washington, you need an advocate who understands the local rules. At Fannin Litigation Group, P.S., our attorney and legal team have decades of experience handling cases in Spokane. They know when to utilize arbitration to your advantage.
We are available for appointments 24 hours a day, 7 days a week.
