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I Can't Go to Court? - Agreements to waive right to a jury, right to sue, or requiring binding arbitration

It has previously been discussed on this blog that you should be careful what you sign, as you may not realize you are waiving your rights to recover for a personal injury you suffer due to someone else's negligence. But, it is not just outright waiving your right to recover for injuries that you need to be aware of these days. There are more and more things out there that people are being asked to sign that restrict their ability to have a jury of their peers decide what they are entitled to as compensation for personal injuries.

Waiving your right to a jury trial means that while you may be able to sue for your injuries, that lawsuit will be decided by a judge, and not a jury. This is not always the best way for you, or your attorney on your behalf, to get you the maximum recovery you are entitled to. The right to a jury trial in a civil case for personal injuries is an important one that should not be waived without serious thought.

The same is true of mandatory arbitration provisions. These often force an injury victim to pursue compensation in a non-court, private setting. This could result in a situation where you, the injured victim, are forced to incur tens of thousands of dollars in costs to pay an arbitrator to decide if you are entitled to any compensation for your injuries. In many instances, a personal injury lawsuit is a better option for an injured victim to seek justice.

Before you sign any document that effects your rights, make sure you understand what you are agreeing to. If you do not understand what is presented to you, talk to an attorney. He or she can advise you about the consequences of what you are being asked to sign, in terms of personal injury claims, and other legal issues.

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