No two separate car accident cases are alike. Each of them is unique in some respect. Still, each one of them does have to complete certain specific stages. In that respect, all of them follow a timeline.
Contentious issues that could arise during any car accident case:
One issue that arises showcases the fact that the responsible person needs to be identified, if an injured victim seeks compensation. The defense team often tries to make it look like the plaintiff is partly responsible for his or her injury.
There are safety measures that have become an accepted practice. A plaintiff that has failed to wear a seat belt could be held partly accountable for injuries sustained during a car accident. On the other hand, the defense team does not have the right to make-up the need for a given piece of equipment. Personal Injury Lawyer in Mississauga knows that most of the times, severe injuries can trigger the development of disagreements. The defense might question the length and intensity of a plaintiff’s claimed pain. If the plaintiff had a pre-existing condition, the defense could claim that the same condition had made the plaintiff’s injury worse.
Excessive damage can also cover up evidence that might indicate the source of the damage. That is why insurance companies urge their policyholders to take care of any needed repair work as soon as possible, once the funds for those repairs have been made available.
Steps in the process used by the 2 disputing sides:
• Filing a complaint and lawsuit
• Sending copy of complaint to the defendant
• Await the defendant’s answer
• Both parties attend a discovery session.
• A trial is scheduled and held.
• One side might seek to appeal the jury’s decision.
Places in process where passage to the next stage is not guaranteed:
After the filing of the complaint and lawsuit, the sued party might decide to settle. In that case, the process would not move on to the next stage. A defendant that has received a copy of the filed complaint might feel that he or she has no chance to win against the plaintiff. If that were the case, then that same defendant could file a motion to have the case dismissed.
Both sides share all of their evidence during the discovery session. As either side learns more about the evidentiary material held by the other side, it could feel compelled to settle. Consequently, a settlement would end the lawsuit process.
By the same token, a settlement could end the lawsuit process during the actual trial. The judge stands ready to make time for a settlement during any stage of the lawsuit process. The scheduling of an appeal does not end prospects for a settlement. Indeed, the presented evidence could encourage a settlement.
