In order to start a lawsuit, you as the plaintiff will need to begin by filing a complaint against the party who wronged you. This complaint will need to be filed with the court, and it will need to be structured and cohesive. Included in this complaint are the detailed facts surrounding the incident, a comprehensive list of the laws which were violated, and which actions you wish for the court to take in response. In order for this complaint to be successful, it is best to let an attorney take care of it.
The Answer To Your Complaint
After your complaint has been drafted by a lawyer and filed with the court, it is the defendant’s turn to answer to the allegations made against them. It should be noted that, if a personal claim has been filed by the defendant against the plaintiff, that the defendant will also have the right to file a complaint of their own. Such a complaint Is generally referred to as a counter-claim. This early into a legal process, third parties are also free to partake in the litigation process.
The Basics of The Pre-Trial Litigation Process
At this stage, it is time for both involved parties to present their evidence to each other. Evidence can include medical records, photographic or video evidence, witness testimony, and so on. Since this is the point at which both sides learn about the case the other has built against them, this stage is also referred to as the discovery stage.
Throughout the early steps of this stage, it is upon both parties to keep the judge updated on their process. Both parties are also free to request mediation at any point, as well as arbitration. The latter would mean that a trial date is set at which a judge and jury would get involved. If the case is set to be taken to trial, settlement conferences will become mandatory, evidence will be examined so it can be authorized for court, and the members of the jury will be selected.
A Quick Rundown of A Personal Injury Trial
When it comes to personal injury lawsuits, the trial will generally extend to no more than a few days. All evidence will be presented to the judge and jury, both sides will be heard out and make their case, and then it will be determined whether the defendant will be held liable or not. If the defendant is determined to be at fault, then it will also be determined how much damages should be awarded to the plaintiff. That is why it is important to have a personal injury lawyer in Saint John represent your rights.