The arbitration process is interesting and much more efficient than the regular trial system. Does it provide sufficient protections when compared with jury trials? I think that these days, given my negative impression of predisposition of juries, arbitrations are generally fairer to litigants. Of course, you must secure a neutral who is competent and fair.
Yesterday was an arb for a 43 year old lady injured in a two car accident. Liability was not an issue, only the nature and extent of damages. She has a 12x1 centimeter scar on the upper part of her arm. She testified that she is very self conscious about it and won't wear sleeveless or short-sleeved shirts. Much of her wardrobe is locked away in her closet. Insurance counsel said in closing "I don't get it." This is not medically treated and she has not obtained treatment for it. Now she wants money because this is the "sexy" part of the case. I argued that I don't get it either. Guys don't have the same sensitivities about these things. Women DO get it.
How much is a scar like that worth? The only way we can compensate her is with money. I think it's worth a substantial sum.
Post - The Arbitrator thought that the scar was worth $35,000. hmm.
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