If 2 disputing parties were to find that they could not agree on a settlement, then the party that had filed the injury claim would have the right to initiate a lawsuit. The party that was allegedly responsible for the injury-causing accident would be the target of that particular lawsuit.
What would happen in the initial stages of that lawsuit?
First, the victim would need proof of his or her injury. That proof would have to come from a physician. So, the victim would need to see a doctor just as soon as possible, following the time of the accident.
Smart victims consult with a Personal Injury Lawyer in Edmonton before taking any further steps. Those victims that had secured a lawyer’s assistance would need to file a personal injury claim with the insurance company of the responsible party.
The lawyer should help the client with the quest for a settlement. That would involve writing a demand letter. If the pre-settlement negotiations were to reach a roadblock, then the lawyer could help with the filing of a complaint. That should bring the process a step closer to initiation of a lawsuit.
What would take place following the initiation of the lawsuit?
Lawyers for both sides would need to prepare for a discovery session. That preparation would involve studying the plaintiff’s medical records, so that questions for the interrogatories and the deposition could be composed.
Lawyers for either side might plan to question witnesses. Sometimes the answers given by the witnesses allow for the emergence of new evidence. Sometimes, too, that new evidence puts pressure on one side to go along with a settlement. If both sides still refused to settle, the opposing lawyers might consider mediation. That would entail having their clients meet with a mediator, and having the ability to accept the mediator’s recommendation.
Suppose that neither side had shown an interest in mediation; what would happen then?
That would make it necessary for the court to schedule a trial. During the trial, each attorney would have a chance to present the client’s case. Each of them would make an opening statement, and then pose questions to the different witnesses. After all the witnesses had testified, each attorney would make a closing statement. Once those statements had been read, the judge would prepare the jury for the period of deliberation.
The members of the jury would meet and deliberate, in an effort to arrive at a verdict. Ideally, that 12-person body would eventually hand their verdict to the judge. The judge would read that document, and make any changes that might be required, such as deducting for required payments to collateral sources, or imposing payment of punitive damages on the defendant.