Personal injury cases, while unique, have some common traits in terms of litigation. We’ll explore those in this article. You’ll also learn how the plaintiff and defendant navigate a personal injury lawsuit, how the discovery process works, and what the outcomes will likely be once a case goes to court.
After an Accident, Hire a Lawyer
There’s no case if you weren’t or didn’t sustain property damage in the personal injury accident. You’re better off going to small claims court if your losses are between $5,000 and $10,000. You should hire a personal injury lawyer in Collingwood if your losses are greater than that.
Your lawyer will investigate the case to determine what the settlement range will likely be. He or she will also see if the case is viable by examining the defendant’s insurance policy and policy limits.
You File a Complaint and Serve it to the Defendant
Once your lawyer determines that you have a case, he or she will file a personal injury complaint against the defendant in the appropriate civil court. The complaint is served to the defendant, the first official document in the case.
It describes the defendant’s actions and how they hurt and affected you. The complaint will be officially delivered to the defendant through registered mail so that you and your lawyer can verify that the defendant received the complaint. The papers will also have the court date.
The Defendant Hires a Lawyer
The defendant will hire a personal injury lawyer in Sarnia to defend him or herself in court. The defendant must notify his or her insurance company of the lawsuit upon learning about it.
Pre-Trial and Discovery
You go through the discovery period, which is the time right before the trial. Both you and the defendant will discover more about either side of the case, and you’ll bring forth any relevant witnesses. You and the defense will schedule depositions, and formal question and answer sessions, to obtain more information about the case during the discovery period.
This can drag on for months. The judge will determine if the defendant is at fault and how much the plaintiff is owed in losses. Both you and the defense can initiate appeals. Just keep in mind that it can take several years for an appeals trial to take place.
You’ll Probably Settle Out of Court
The truth is that 95% of cases never go to trial. So, given those stats, you’ll probably settle out of court. Let your lawyer handle all of the processes and procedures while you recover from your injuries. They know the intricacies of law and will ensure that you maximize your claim.