New Law RE: Mandatory Arbitration in NC casesbelow $25,000.00 & Attorney Fees in Personal Injury Cases

The new legislation in 7A-37.1 passed in June of 2013 orders that cases for amounts below $25,000 be sent to mandatory, non-binding arbitration. The fee is $100.00, which is to be divided between the parties . This can be waived if all parties consent to waive the arbitration hearing. 

A party to the arbitration can appeal the case de novo (start brand new).

The purpose is to offer an economical, more efficient method to resolve disputes.

If a case is started in small claims, appealed, goes to arbitration, and the losing party appeals and loses again in District Court, then the District Court may award the winning party of the arbitration and district court hearings attorney fees and costs. 

In addition, this legislation allows attorney fees to be awarded in personal injury cases where the award is less than $25,000 and the verdict exceeds the last amount offered by the defending party(ies). For purposes of the last offer, it must have been made more than 90 days before trial.

In general, this new legislation appears to be helpful in the civil litigation process.

For more information, go to: http://www.ncleg.net/EnactedLegislation/SessionLaws/PDF/2013-2014/SL2013-159.pdf

Sanders Law Firm, PLLC handles business disputes, POA abuses & Fiduciary Litigation, Will Challenges (will caveats), personal injury claims, collection cases, and civil litigation.

Call Kirk Sanders at 336-724-4707