Through What Stages Does A Personal Injury Lawsuit Progress?

Following an accident’s occurrence, the injured victim could negotiate with the responsible party, in an effort to obtain some form of compensation. If the negotiations did not lead to a settlement, then the 2 disputing parties might enter the phase of litigation. The process of entering that phase would entail launching and pursuing a lawsuit. Pursuit of a lawsuit requires the readiness to deal with each of the various stages.

Initial stages

Filing of personal injury complaint: This must be filed at the local courthouse, the one at which civil cases get heard. It is the role of the lawyer to locate and serving the defendant; providing the defendant with the date for the hearing in civil court.

Defendant’s insurance company notified, regarding the planned hearing. The insurance company is supposed to provide its policyholder with legal counsel at the discovery session, and at the trial. The lawyers understand the processes and ensure that the plaintiff’s rights are protected.

Pretrial stages

The discovery session
—deposition of selected witnesses:This could lead to the discovery of new and important facts.
—sending of interrogatories to selected witnesses
—potential conferences: Each of those would represent an attempt to arrive at a settlement, prior to the start of litigation. If the opposing parties were to settle, there would be no need for a trial.
—motions: These take place before a judge. The judge decides what evidence to allow during the trial.

The stage at which the opposing parties face each other in a courtroom hearing

During this stage a judge or jury decides who should be named at-fault for the accident that gave rise to the ongoing dispute. In addition, the judge or the jury decides how much money should be given to the plaintiff.

Each party has a legal representative, a personal injury lawyer in Sydney. Both of the lawyers present opening remarks. Both of them have a chance to question and cross examine various witnesses. After the jury has heard the testimony from each witness, both lawyers present a closing statement. After the closing statements, the jury gets instructions from the judge, then the jurors meet and deliberate. Their deliberations should lead to announcement of a verdict.

A possible additional stage

During this stage, a party that was not satisfied with the court’s decision could utilize the appeals process. The appeals court would decide whether or not to back the previous decision, to reverse that same decision, or to call for a new hearing. It is important to work with a lawyer that has plenty of experience in handling cases similar to you. That will ensure that the plaintiff gets maximum amount as compensation.

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