How Does A Personal Injury Case Play Out?

That type of case passes through a series of stages. The first stage involves a decision-making process on the part of the potential plaintiff. He or she must decide whether or not to sue the opposing party.

Why it might make sense to file a lawsuit

Maybe negotiations, which should have taken place during the pre-litigation stage, have failed to end with an agreement and a settlement. Sometimes the pressure created by plans for litigation can work to encourage creation of a settlement.

Stage 2: actual filing of lawsuit

• That moves the process from the pre-litigation stage to the litigation stage.
• The filing process includes the servicing of the summons.
• Once the lawsuit has been filed, the plaintiff must wait for the defendant’s reply.
• Following receipt of the defendant’s reply, there could be an exchange of pleadings.

Start of discovery: the 3rd of the recognized stages

• Both sides exchange documents
• Both lawyers get to ask questions during the deposition of selected witnesses
• Both lawyers have a chance to send interrogatories to any selected witness.

Certain understandings become possible during the 4th stage.

• An understanding that concerns a request for records
• An understanding that includes a promise of shared records
• A possible promise of information

During the 5th of the stages, the 2 disputing sides might agree to take part in a mediation session.

That is when a trained mediator meets with representatives from both sides. Such mediators try to encourage creation of an out-of-court agreement. That is a non-binding agreement.

If no agreement reached by mediation, the process moves on to the 6th of the stages.

At this point the personal injury lawyers in Halifax for each of the opposing parties start speaking with experts, in hopes of securing an expert witness.

Also at this time, the same lawyers devote time to talking with other witnesses.

A trial has been scheduled, but that does not mean that it must take place. The legal system can accommodate any effort to reach a settlement before the trial has started.

The final stage

A trial takes place. The witnesses’ testimony is heard, and the evidence gets put on display. The trial ends with a decision from the judge or from the jury.

There could be additional stages

The legal system allows the involved parties to appeal the decision reached at the trial’s conclusion. The party that contests the decision must appear before an appeals board. That board decides whether or not the person contesting the decision has grounds for an appeal.

The same board could choose to support the previous decision, which would eliminate the need for any further trials. On the other hand, the board could reverse the decision, or vote for a 2nd trial.

More to explorer

Why It Pays To Settle Out-of-Court

Some claimants refuse to accept an offer that has been made by an insurance company, during an attempt at reaching a negotiated