Procedure To Follow After Filing Personal Injury Claim

Even though a series of hectic and confusing events fills the timeline of an accident, anyone hurt during the occurrence of those same events must follow a defined procedure, in order to win any sort of compensation. Members of the legal profession refer to that defined procedure as a lawsuit.

Step one of a lawsuit

That procedure starts with the filing of a personal injury claim. The claim gets presented at the appropriate court. As soon as a claim has been filed, the claimant should start to gather relevant evidence. Many claimants also hire a Personal Injury Lawyer in Oakville.

Pre-trial discovery: the second step

During the discovery session, both sides exchange the documents that they have gathered. The interrogation of the plaintiff prepares that same plaintiff for the questions that the opposing lawyer will ask during the trial.

The first 2 steps pave the way for a trial.

The lawyers for both sides have a chance to present their arguments during a trial. At that same time, the jury views the evidence and hears testimony from the witnesses. In some cases, the plaintiff’s attorney gets an expert witness to testify.

The trial ends with the issuance of a judgement.

A jury may read the verdict, or the case may be decided by a judge. Sometimes, in a personal injury case, a judge will declare that the defendant owes a given amount of money to the plaintiff. Unless the defendant intends to contest the judge’s ruling, the requested payment must be handed over to the plaintiff.

Is a defendant allowed to contest a judge’s ruling?

That depends on the basis for the defendant’s objection. If the defendant simply questions one of the facts stated in the courtroom, the questioning defendant has no basis for an appeal. On the other hand, if the defendant intends to dispute a legal issue, then an appeal can be requested, and hopefully granted.

Yet there is no guarantee that the side filing for an appeal will gain a reversal of the appealed decision. The judge at the appeal hearing will need to decide whether or not some legal issue got overlooked during the original trail. If the plaintiff can use new evidence to prove the incorrect nature of some earlier procedure, the plaintiff’s chances for winning the appealed case are apt to increase.

The plaintiff’s lawyer can help with the gathering of evidence. Moreover, the plaintiff’s lawyer can help with presentation of that same evidence. Any award promised to the plaintiff must be delayed until the judge at the appeals court reaches a decision. In other words, the judge sitting at the bench in the appeals court can decide whether or not that award gets handed to the victimized plaintiff, as the jury initially requested.

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