No one can plan an accident, but an accident victim can plan his or her response to that particular incident. Knowing what to expect helps with such planning.
Announcement of intentions
The law mandates that every plaintiff send a notice of his or her intentions to the defendant. Consequently, someone that has filed a personal injury claim needs to work with a lawyer, regarding composition of a written complaint.
That complaint should name the defendant. In addition, it needs to describe what happened at the time of the accident’s occurrence. Normally, it also quotes the plaintiff’s desired compensation.
The plaintiff should expect to receive a response from the defendant. Frequently, that response contains mention of an affirmative defense. Keep in mind the fact that the proposed defense has not been proven.
Discovery phase
This is the time when the 2 sides share their evidence. The Personal Injury Lawyer in St John’s get a chance to question witnesses. A court recorder maintains a record all that is said by both the lawyers and the witnesses.
Pre-trial motions
The lawyer for one of the disputing parties makes such motion. If the plaintiff has failed to produce a sufficient amount of evidence, the defendant might make a Motion of Summary Judgement. That indicates that the defendant does not support the plaintiff’s claim.
Sometimes a defendant tries to control what evidence gets presented at the trial. That can be done by submitting a pre-trial motion.
Settlement conference or mediation
These are required parts of a personal injury claim in Canada. The Canadian government has mandated inclusion of one of those 2 events, in order to increase the chances for an early settlement. An early settlement removes the need for a trial.
If no settlement, trial is scheduled.
Lawyers for each of the disputing parties argue their case and present their evidence. The jury listens to the argument and gets to examine the evidence. Eventually, the jury decides whether or not the defendant must compensate the plaintiff for the accident-related damages. The judge and jury calculate the size of that compensation package.
The jury’s decision does not always end the claim process.
After hearing the court’s judgement, the defendant has between 30 and 60 days in which to pay the plaintiff. If the defendant fails to make a payment, then the plaintiff must consider using legal means for insisting on a payment.
Understand, though, that all defendants have the right to appeal the jury’s decision. The court will grant the request of an appeal, if the party making that request can point to some deviation from the law during the trial. If the second trial (the appeal) fails to change the jury’s decision, then the plaintiff should get paid.
At https://barapplawmaritimes.ca, we understand your predicament and that is why we are here to assist you in filing a lawsuit to hep you get damages. Call us today to know more about our services.