Washington Business Daily

Hey what exactly is a "cap" in legal terms and What is arbitrary or arbitration?

Hey my father is planning to sue a convalescent home fro neglect but he signed a paper that he really didnt read and is being told that it said something about "caps" in his case. What is a "cap" in legal terms? And also arbitration?

Public Comments

1. Arbitration is a negotiation process entered into in an effort to avoid taking the matter to court. A cap is the most that he can receive under arbitration. However, if he sues and goes to court he can probably have the cap over turned and sue for and receive more than the cap.
2. A cap is the maximum amount that they can be sued or held liable. Arbitration is where your father and the "home" owners agree to go in front of a a neutral third party instead of court for a decision regarding the situation. And you agree to whatever solution they come up with.
3. Arbitrated decisions are NOT made by a judge. Arbitration is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid litigation. A cap is not really a legal term. It is slang for maximum, as the most money that a person can sue for. When a person signs a contract or waiver, it is not necessarily enforceable. If any part of it is not legally enforceable, then none of it is. Your father needs to consult an attorney. Find someone local, who gives free consultations, and present the case. They will give you options that you may pursue.