How Does A Dispute Lead To An Agreement?

The personal injury claim has come into existence following the occurrence of an accident. That same accident had become the source of a disagreement between an injured victim and the person allegedly responsible for that particular accident.

In order to obtain a legal resolution for such a disagreement, the involved parties must present their arguments, during the injured victim’s pursuit of a personal injury case. At that point, each party has some say, with respect to exactly how the dispute might lead to an agreement.

The Injured party submits a claim with the defendant’s insurance company.

The company’s adjuster studies the claim, in order to determine whether it is strong or weak. Adjusters let claimants know if their demands do not enjoy the support of a strong claim. Those that find their claim to be weak should seek details on the points of weakness. Every claimant has the chance to make changes in a claim, and to restate his or her demand as per personal injury lawyer in Hamilton.

Negotiations begin with presentation of the adjuster’s initial offer.

Adjusters do not bid on any claims that lack sufficient information, regarding the claimant’s injuries, or the claimant’s source of income. Following the start of negotiations, the 2 parties keep exchanging their respective bids. The claimant makes a demand, and the adjuster counters with a new offer.

A stalemate might develop at any stage of the negotiations.

The claimant might keep refusing to accept the adjuster’s offers. The adjuster might refuse to respond to what has been viewed as an unreasonable demand. In that situation, a complaint must be initiated, in order to provide a platform for a lawsuit, and an ordered resolution of the dispute.

Efforts to achieve a negotiated solution do not end with the filing of lawsuit.

During the pre-trial discovery, new evidence could emerge. Either side might agree to settle, upon learning about that new evidence.

During the trial, the jury hears the witnesses’ testimony and views the exhibits. The plaintiff and the defendant are in the courtroom, when the jury learns the facts that are linked to the testimonies and the exhibits. The lawyer for either side has the right to raise an objection to any question that a witness gets asked, or to any evidence that gets presented to the jury. Sometimes, an objection leads to a conference in the judge’s chambers while when the two sides settle their dispute in those same chambers.

If there is no settlement, the jury must arrive at verdict.

The jury decides who should be made responsible for compensating the injured plaintiff. If the jury has decided in favor of the plaintiff, then the jury’s verdict also includes details on how much money the defendant must give the plaintiff.