If an automobile insurance company refuses to accept a charge that one if its policy holders is liable for a given accident, the injured victim must use the trial system, in order to seek compensation. Victims that have been forced to use that system must sue another one of the parties involved in a particular accident. Normally, that other party happens to be another driver.
What takes place before the 2 parties meet in a courtroom:
The injured party tries to negotiate with the insurance company, in hopes of reaching a settlement. If the insurance company refuses to agree to a settlement, then the injured victim must sue the responsible driver.
If the injured party lives in a state with no-fault insurance, that same person has been legally barred from suing the other party. During the negotiations, the maximum amount of money that can be paid to the injured victim depends on the extent of the coverage that has been guaranteed by the defendant’s (the policy holder’s) policy.
An approach that might be used before the case goes to trial
The two sides could meet with a mediator. The mediator would listen to the argument from both parties and suggest a solution. If the two parties did not agree to accept the mediator’s proposed solution, then the plaintiff and defendant would meet in a courtroom. Consequently, both sides would share evidence at a discovery session.
How a lawyer deals with a personal injury case that will be going to trial?
The injury lawyer gathers the evidence: Witness statements, the police report, testimony from expert witnesses, physical evidence, the injured client’s medical report, notes on the accident, the journal entries with details on the client’s pain, documents of repairs to vehicle, documents of treatment received, any receipts. The evidence could also include pictures of the accident scene and pictures of the client’s injuries.
The personal injury lawyer in Oakville must seek proof that the accident caused the client’s injury, and negligence on the part of the other driver caused the accident.
The lawyer would probably try to obtain a fair compensation for the injured client. That could include money to cover the loss of the chance to go after future earnings. The size of the requested payment might get enhanced by a demand for money to cover a disability or a disfigurement. If the client had suffered a disability, the injury lawyer could seek compensation for pain and suffering.
Understand how a case gets handled by the legal after a trial has ended. The legal process moves forward; after the jury has issued its verdict, that does not have to be the final word. Either of the two parties can file for an appeal.