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What happens if prayer amount in civil suit is greater than $50,000.00?
Anonymous2 views2 answers
My mother was in a car accident with husband when they were rear ended, at a dead stop, at 60mph. She had damage to her spinal vertebra's, from the accident, which required surgery. The person's, that hit them, car insurance tried to settle with her for $20K but she rejected because it did not cover her out of pocket expenses that were $30K at that time (since increased). She hired a lawyer & has been sending him statements, reports, updates, etc & they plan to file once her medical treatment is completed. She doesn't want a pay day, just recoup her costs.
The lawyer told my mom if the prayer amount is above $50K, the case is in a whole other arena. We are at $90K in medical bills & lost wages. What would be different if it is over $50K versus under $50K?
Arizona has a system to reduce the logjam in our courts- mandatory arbitration for smaller cases.Each county is allowed to set its own limit. In Maricopa county the limit is $50000-at the time a lawsuit is filed the plaintiff must state whether they believe the case is worth more or less than $50000.If it is less the court appoints a neutral lawyer to act as the arbitrator. I have been appointed as an arbitrator at least a dozen times. A hearing is held-usually at the arbitrator's office. Testimony tends to be limited and most of the medical records, reports and medical bills are submitted without testimony. As a result of this streamlined approach most arbitration hearings only take about two hours. The arbitrator renders a decision and if no one objects his/her decision is final. If an appeal is filed then the case goes to the Judge for a full trial. If the case is estimated to be more than $50000 in the beginning it goes directly to the Judge without an arbitration hearing. In either case once a case is on track for a trial it is very expensive and time consuming-live testimony, and expert witness fees are the norm.What would take two hours in arbitration can take three or more days at trial. It truly is a "whole different arena"
The prior response is correct. If there is more than $50,000 in dispute the matter would not be subject to compulsory arbitration. Based on the information provided it sounds like your mother's case would be on where there is more than $50,000 in disptue and not subject to compulsory arbitration.
