Each filed personal injury claim is required to undergo a series of steps as they are assessed and ultimately judged by different people in regards to the value and validity of the claim. Personal Injury Lawyer in Brampton knows that while steps vary on a case by case basis, there are some the vast majority of lawsuits have in common, like:
• Filing a claim/lawsuit with the court in order to take legal action against the defendant
• Exchanging files and documents with the other involved parties in order to prepare for the approaching trial; sometimes referred to as the discovery stage
• Making use of evidence and witnesses in order to support arguments backing their claims
• Following the reviewing of all provided arguments and their supporting evidence, it is time for the court to cast their judgment; the approval of a lawsuit/claim can mean monetary compensation paid by the defendant to the plaintiff among other things
• Sometimes, evidence or other matters are in dispute between the involved parties, in which case either party can call for an appeals process; factual disputes are largely excluded
Personal Injury Claims and The Lawsuit Process
As previously mentioned, the lawsuit process varies on a case by case basis. There are all kinds of factors which can change the course for a claim or lawsuit, including early settlement offers due to mediation or other means. If something like this occurs, the process will be much shorter since the stage of litigation becomes fully unnecessary and trial is no longer needed. However, this also goes the other way. The lawsuit process can also be extended if parties fail to settle a dispute, somebody calls for a re-trial, or the appeals process is initiated. As a result of any of these extensions, the lawsuit process can easily drag on for years more.
Awarded Damages
Damages are awarded throughout the settlement process in a lot of cases. However, they aren’t the only way to settle a claim fairly. Injunctions are a good example for this. In case of a stalker, a damage award would be about as useful as receiving an apologetic fruit basket.
Additionally, there are many different forms of damages, and not all of them are accessible to every plaintiff. Depending on the nature of an accident and the resulting injuries, the plaintiff may only be entitled to compensatory damages but no punitive damages. Thus, hiring an experienced lawyer helps as they understand the nuances of the claim process while being experts on tort laws. They have years of experience in helping accident victims, and understand the stress that their clients are going through this time.
