In this article the word landmarks refer to special steps. Each of them is like the attention-getting steps of a small child, or a patient that has undergone physical therapy.
The plaintiff must have proof of an injury.
A court will not accept a personal injury claim, if the claimant/plaintiff cannot show that he or she did get injured during the reported accident. It helps to consult with an Injury Lawyer in Barrie, before taking the next steps.
The plaintiff’s lawyer files a complaint.
• The complaint must be served on the defendant.
• The defendant hires an attorney.
• The defendant responds to the complaint.
The discovery process takes place
The 2 sides share their evidence. The lawyer for each party gets to question specific witnesses. In that way, each lawyer learns what the deposed witness knows, and also has some helpful statements. During the trial, an attorney could call attention to an answer that differed from one that was given during a deposition.
A trial takes place.
The lawyer for each party gets to present the opening remarks. They ask the witnesses questions, and show various exhibits to the jury. Depending on the charge against the defendant, the jury might need to hear from an expert. For instance, in a medical malpractice case, an expert could explain why and how a doctor’s actions had differed from those of a well-trained physician.
The lawyers give their closing remarks, before the jurors sequester, in order to arrive at a verdict. The head juror gives the verdict to the judge. The judge reads the verdict. Both sides have to right to request an appeal hearing. The jury’s decision gets confirmed or revoked by the appeal hearing.
How well is the above pattern followed during each lawsuit?
The legal system does not require the completion of all the possible steps in a given lawsuit. Either party could decide to settle at any point along the process with the stated landmarks. The defendant’s response to the complaint could take the form of a challenge. It could challenge the allegation that had been made by the plaintiff. A judge would have to decide whether not to proceed with the lawsuit.
Sometimes, new facts emerge during the discovery. The emergence of those facts might push one of the 2 parties to settle. A decision about either the time or location for any agreement between the 2 disputing sides remains up to those same 2 parties. There are times when a settlement gets reached in a judge’s chambers.
Judges do not force completion of a trial, if the defendant and plaintiff elect to settle before presentation of closing statements. Judges welcome resolution of the dispute that created the personal injury case.