1-800-931-7036
Prior to initiation of a personal injury lawsuit, the injured victim must establish a relationship with a member of the legal profession. Once that has been established, the process passes through a series of stages.
Actions completed during the earliest stage
• The hired attorney files a personal injury complaint with the court.
• The same attorney arranges for a serving of the complaint and summons on the defendant.
• Lawyers can make sure that delivery of the complaint and summons has been verified.
• The defendant must notify the appropriate insurance company, regarding receipt of the complaint and summons. The defendant has one month in which to reply to those 2 documents.
Discovery: The pre-trial stage
Each side gets a chance to learn about the other side’s evidence while depositions are scheduled.At the close of the discovery session, the defendant might ask the judge to issue a summary judgment. Defendants make that request if they believe that the plaintiff does not have a strong enough case, and has no chance of winning.
The trial takes place during the next stage
The personal injury lawyer in Hamilton for each of the 2 opposing parties makes an opening statement. Then the same 2 lawyers take turns questioning a series of witnesses. Often the same lawyers show displays to members of the jury, in order to reinforce those statements made by a testifying witness.
After the jury has heard from all of the witnesses, the lawyers present separate closing arguments. The judge explains to the jury the issue that on which it must arrive at a verdict. Then the jurors meet and review that presented information.
The jury determines who is at-fault, and how much money should be paid to the plaintiff. The judge receives the jury’s verdict and shares that verdict with those sitting in the courtroom.
Another stage that might be added to the process
If either party disagrees with the decision that has been passed down by the court, then that same party has the right to seek an appeal hearing. If a mistake had been made during the initial trial, the request for an appeal hearing might lead to the granting of such a hearing.
If an appeal hearing did get granted, then all those that took part in the original trial could participate in the appeal hearing. The judge at that hearing would decide whether or not to confirm or deny the ruling issued at the conclusion of the original trial. All of the following would take place at the level of the lower courts. The judgment issued at the end of the appeal hearing might displease one of the disputing parties. In that case, the dissatisfied party could appeal to a higher court.