Photo credit: maveric2003/Flickr
In Part 1 of this blog post, we noted that personal injury lawsuits are often long and costly processes, with the complexity of the case depending on the circumstances and variety of the injuries. The unifying factor in the majority of cases, we noted, was the important role a personal injury lawyer plays in ensuring you or your loved ones get the compensation you deserve to expedite your recovery.
In the last post, we covered the preliminary stages of a personal injury lawsuit, including selecting an attorney, filing your lawsuit, and the process of discovery. Next, your legal team may work to resolve your case before going to trial.
Resolution before Trial: Motions & Settlement
Each personal injury case is unique, and some can be resolved prior to a trial. In some cases, an informal settlement may be reached between the parties before a lawsuit is even filed. In others, a negotiation process between the different sides may result in a suitable compromise.
If a settlement is not mutually agreed upon, your personal injury lawyer may decide to file various motions in an attempt at avoiding a trial. For instance, a summary judgement motion may be filed if the primary facts of the case are not disputed by either side. Or, from a defendant’s perspective, a motion to dismiss may be filed before even discovery takes place.
Should the defendant not answer the plaintiff’s complaint, they will be in default. In this case, they will have no opportunity to contest their liability, and the only remaining question in play will be the extent of the damages the plaintiff is afforded.
Trial
If no settlement is reached, the two sides of a lawsuit will go to trial, where the plaintiff will argue their point of view and the defendant will have a chance to refute the plaintiff’s claims.
After both sides have presented their arguments, either the judge or the jury will decide whether and to what extent the defendant is liable for the plaintiff’s injuries.
According to FindLaw.com, a personal injury trial typically consists of six main phases: choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury instruction, and jury deliberation and verdict.
Collecting Damages
If the judge or jury rules in favour of the plaintiff, they will likely be owed some amount of monetary damages. While it may be tempting to believe that a guilty verdict is the end of your ordeal, collection is not always a smooth process.
In cases where the defendant is financially stable, it is beneficial and likely that collection will happen in an expedient fashion.
However, if the defendant cannot or will not pay, collection will be much more difficult. Measures such as garnishing wages or bank accounts may be instituted. A capable personal injury lawyer will remain vital to your cause as you go about collecting your damages.
Regardless of the circumstances of your case, either before or after a judgement is issued, a personal injury lawyer can make your life exponentially easier. If you or a member of your family is considering a personal injury lawsuit, consider contacting Neinstein Personal Injury Lawyers today. They have 45 years of experience representing clients from across Ontario, and will shoulder the weight of your lawsuit while you focus on recovery.
Greg Neinstein
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