A Personal Injury Case Passes Through a Series of Stages

The judicial system has established a process that could carry each personal injury case through a long series of different stages. Yet the desired result, the resolution of a given dispute might be achieved at any stage of the same process.

First steps in process

The potential plaintiff or their Personal Injury Lawyer in Barrie files a complaint: It should explain what the defendant, the responsible party did. It should also explain how the plaintiff was harmed by the defendant’s action.

During the following month, the plaintiff’s time should be devoted to serving the complaint on the defendant. The court must be provided with proof of the fact that the defendant was served the complaint.

The defendant receives one-months’ time for finding a lawyer. Whenever a dispute involves an insurance company, that insurance company arranges for the defendant’s access to an attorney.

While the above steps are completed, the 2 disputing sides have the chance to engage in negotiations. If those negotiations lead to a stalemate, the process moves on to the next stage.

The discovery session

During this stage, the lawyers from both sides use interrogatories and deposition to dig up more evidence in their client’s favor. Sometimes, an uncovered fact pushes either side to decide that it makes sense to settle. Once the two sides agree to a settlement, the associated personal injury case has reached a conclusion.

Every now and then, the discovery session fails to encourage attainment of the desired settlement. In that situation, the case moves on to the next stage.

A trial is scheduled

The legal system does not mandate the holding of a scheduled trail. That is the last of the stages through which a personal injury case can pass. Sometimes plans for the trial’s commencement manage to trigger an agreement between the disputing parties.

If those 2 parties continue to disagree, regarding the facts of the case, then the lawyers and their clients face each other in a courtroom. During the trial, each lawyer presents an opening statement; after that both lawyers question selected witnesses and present a closing statement.

At that point, the members of the jury meet, in order to decide the verdict. The verdict determines whether or not the defendant must compensate the plaintiff. If the verdict rules in the plaintiff’s favor, the judge issues a court-awarded judgment.

Understand that the judge stands ready to interrupt the courtroom proceedings at any time, if the 2 parties chose to settle, before the reading of the jury’s verdict. On the other hand, each party has the right to seek an appeal hearing. The party requesting that hearing must present a reason for that request. If that request were granted, an appeal hearing could result in a changed verdict.