Stages of a Personal Injury Lawsuit Case
While cases may take different forms, their basic stages remain the same. Here are some words of wisdom about how things happen.
There are the usual things one can expect. Discovery. It is the phase when both sides try to discover and unearth facts about each other, facts that may help in their case. The process includes collecting documents, written discovery, deposition, etc. Collecting information might help during the trial to avoid any surprises.
Each of the three has their own rules that apply. You can only ask someone to depose before an authority only for as many times. The case goes for trial. A judge and jury are present to hear to the complainant and the defendant. Each party gets the opportunity to present their case before the judge and jury. The trial goes through the following phases –
- Selecting a jury
- Opening statements by each party
- Testimony of witnesses and cross-examination
- Closing arguments by each party
- Judge gives jury instructions
- Jury deliberation and the verdict
If you have just been through an accident and you think it is due to the negligence of someone, look for a Personal injury lawyer Brampton, discuss your case. Soon after the incident happens, contact the best personal injury lawyer in Brampton.
What happens after you consider filing a case –
- Meet with a personal injury lawyer – After the lawyer decides to take up the case, he will ask you for the details of the case. The attorney will also let you know the fees and other obligations that you have.
- Initial Court papers – The attorney will explain each step. However, let’s just say that the court requires you to submit a few documents which it will peruse before it can provide you a date. Petitions, summons and service of process are some document names you should know.
- There is the discovery phase when there will be questions asked. As the name says, the other side will want to know details that will be required for them to file/fight the case. Fact-finding is done by both parties.
- Resolutions before trial – Many cases are resolved even before they go to trial. Motions to Dismiss as they are called, help establish facts and decide if the case should be continued further. The motion could be filed very early in the process even before the discovery process begins. If the judge finds a cause or reason, he can dismiss the case.
- More cases go for settlement than trial. Settlement is easier and less costly for both parties involved. Sometimes time is of essence. Resolving a case faster helps people avoid further trouble.
- Trial – Trials are interesting to watch in movies. They are not so in reality. There are rules that everyone has to follow. The case ends with the jury sharing their verdict and the judge giving a ruling.
- Collect the money – The plaintiff has to collect the compensation he was claiming.
- If the plaintiff is not satisfied with the outcome, he can take the matter to a higher court, by appealing.