Process To Follow When Filing Personal Injury Lawsuit

The person that plans to file a personal injury lawsuit should understand the basis for that chosen action. What is the reason for stating that complaint, and seeking to resolve the problem by means of a courtroom trial?

Initial steps

• File a complaint/petition: That document should give the legal theories that support the filing of a lawsuit.

• File a summons: Identify the parties involved.

• Pay a filing fee to the court

• Serve the summons on the defendant

The above steps must be completed before the deadline, as stated in the statute of limitations.

A waiting period of the plaintiff

The plaintiff must wait for the response from the defendant.
-The plaintiff might admit or deny guilt.
-The defendant might file a motion to dismiss the complaint.
If the case were dismissed, then there would be no further action on the filed complaint.
If the defendant had chosen to admit or deny guilt, then a discovery session could be scheduled.

The scheduling of a discovery session would set the stage for one of 2 possible developments.

If the discovery session were to allow for the introduction of a new piece of evidence, then that might push one or both sides to agree to a settlement. An initiation of the lawsuit process does not rule out the chances for a settling of the dispute. The filing or a lawsuit simply puts more force behind the allegations that have been made by one of the disputing parties.

On the other hand, the disputing parties might find no reason to reach a settlement, after considering the evidence that was shared during discovery. In that case, a trial would be scheduled. That would mean more work for the Personal Injury Lawyer in Mississauga.

That attorney would need to prepare an opening statement. In addition, the jurors would expect to hear from witnesses, and to see displays, that could supplement the information that had been contained in a given witness’ statement. The attorney for the defense would have to complete the same tasks that had become thrust at the personal injury lawyer.

After the jury had heard the witnesses’ statements, then each of the 2 lawyers would make a closing statement. After hearing those statements, plus the judge’s instructions, the jurors would deliberate. Ultimately, the jury would issue a ruling, declaring either that one side had carried out an illegal action, or that the opposing party had not been the victim of such an action.

If the defendant were an insurance company, then the jury’s ruling would determine the next step in the settlement process. If the plaintiff were to win, then the insurance company would have to fix whatever problem had managed to stalemate the settlement process.

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