After the injured victim of an accident has filed a personal injury claim, he or she enjoys the chance to negotiate with the responsible party. If those negotiations do not lead to an agreement, then the victim/claimant has the right to file a lawsuit.
The filing of a lawsuit represents the initiation of a legal action.
The decision to use that particular action calls for acceptance of the need to adhere to an established process. The first step in that process involves the holding of a discovery session. That session provides each side with a place to exchange their collected documents, along with other evidence. During the discovery session, each side becomes more aware of the strengths and weaknesses of that party’s case, as well as the other party’s case.
Some of the evidentiary material could be considered privileged. That would be material that has emerged from a protected conversation. Protected conversations take place between 2 spouses, as well as between an attorney and client, a doctor and patient, or a religious advisor and an advisee.
The steps that follow that first step
Presentation of arguments in the courtroom: The lawyers for each party do the arguing. After they have presented their arguments, each of them calls the selected witnesses. After a given attorney has questioned a witness, the other lawyer gets to cross-examine that same witness.
Judgment: The judge hears the jury’s verdict and issues the judgment. In a personal injury case, the judgment always includes mention of the monetary damages, which gives the court a reason to demand compensation from the defendant. Sometimes the judge also mentions other legal remedies that the court has chosen to impose on the defendant.
Appeal: If either side were to feel that some legal issue remained in dispute, regardless of the reading of the judgment, then that same side could request an appeal hearing. The holding of such a hearing would add an extra step to the recognized lawsuit process. Still, an appeal gets included in lists of the lawsuit’s basic steps.
The role of the facts
As the process moves forward, more and more facts come to light. The emergence of certain facts could push one party to settle the dispute, as opposed to fighting the arguments made in the courtroom. Consequently, Personal Injury Lawyer in Mississauga know that a settlement could cancel the need to move onto the next step in the process.
The significance of the presented facts disappears after the reading of the judgment. The legal system does not recognize any disputes about the facts after the judge has announced the court’s demands on the defendant. In other words, no dispute that focuses on any fact can become the grounds for pursuing an appeal.