01/12/2014 by Braithwaite Boyle
Lawsuits start to finish
A lawsuit begins when a Statement of Claim is filed at the Courthouse and it is served on the Defendant. Once this is done the at fault party is put on notice that the Plaintiff is seeking compensation for their injuries and other damages. During the case the Plaintiff’s lawyer and Defendant’s adjuster or lawyer will engage in settlement discussions and negotiations.
If reasonable compensation cannot be reached then the case will proceed to Questioning. Questioning is a procedure whereby each party gets to ask the other party questions about the accident, their injuries and damages. Questioning is a fact gathering process where each party tries to learn more about the other side’s case. In some cases, there can be more than one session of Questioning if new developments arise or if there are things learned that need to be further examined.
If no settlement can be reached after the Questioning phase then the case proceeds to mediation or Judicial Dispute Resolution (JDR). If these are not successful then ultimately the case will go to trial and a judgment will be entered awarding compensation in favor of the Plaintiff or dismissing the Plaintiff’s case. The vast majority of cases never go to trial because most of the cases are settled when they reach the mediation or JDR stage.
If you or a loved one is injured, call Braithwaite Boyle today for a free initial consultation and speak to one of our experienced injury lawyers to get the help and advice you need.
Information provided by Ken Braithwaite, LLB.