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The first stage of a personal injury lawsuit begins well before any effort has been made to initiate any legal action. During that first stage, the accident victim needs to be seen by a medical doctor. That step yields information that proves helpful during the next step.
Expectations for the start of negotiations
At this stage the victim should consult with and hire a Personal Injury Lawyer in Barrie. That same lawyer should be told all the facts about the accident that has led to a dispute between 2 parties. The lawyer can confirm the statements made by the client. The lawyer’s actions should have allowed that attorney to obtain a document that agrees to the release of the relevant documents.
Negotiations continue until a settlement is reached, or until the 2 sides reach an impasse. If the 2 sides seem unable to settle their dispute, a mediation can be arranged. Understand that no mediation gets arranged unless both sides agree to follow through with such a procedure.
Litigation process
When negotiating fails to encourage the formulation of an agreement, and when even mediation fails to settle a given dispute, it becomes clear that a trial must be scheduled. Before the trial takes place, the 2 sides meet in a discovery session. At that point each side seeks to learn what information the other side plans to share with the judge and jury in the courtroom.
After the discovery has finished, a trial takes place. During the trial each side presents its argument to the jury. The jury reaches a verdict, based upon what it has heard. In a personal injury case, the jury decides whether or not the plaintiff deserves to receive any form of monetary compensation. The jury also suggests what size of compensation package should be provided to the plaintiff.
If both sides feel that the process has dealt with the issues fairly, the case ends with the reading of the jury’s verdict and the judge’s confirmation of that verdict. Yet if one side feels that it was treated unfairly, it can file an appeal. That would mean that another trial must be held.
At an appeal hearing, new facts can be presented, so the lawyers for the plaintiff and the defendant seek out new evidence before that appeal hearing. The judge will hear that new evidence and determine whether or not the original verdict should be changed. In this case, the judge’s decision usually represents the resolution of the dispute created by an injury-causing accident. In rare cases, a second appeal might be filed by a still-dissatisfied party. Again, a judge hears the new evidence and issues a ruling.