No claimant that has chosen to pursue a personal injury case should expect to experience all of its 4 stages. Each such case could get settled during any stage.
The first of the 4 stages
The staged process that allows for pursuit of a personal injury case begins with the scheduling of an appointment. The injured victim needs to get seen by a member of the medical profession. In that way, the victim’s records should offer proof of the fact that the claimant/victim had suffered some measure of physical harm.
Victims that fail to schedule a medical appointment risk the chance of facing a denial of their claim. The absence of any effort to treat the claimed injury would get noticed by the insurance company. That same company would then suggest that the alleged injury could not have been serious, as evidenced by the victim’s failure to see a doctor soon after experiencing the claimed level of harm.
The claimant speaks with a Personal Injury Lawyer in Richmond Hill. The same lawyer then studies the potential client’s medical records. Later, the lawyer-client team composes a demand letter and sends it to the insurance company. That signals the start of negotiating efforts, which are aimed at reaching an early settlement.
This is the one part of the process that must be completed at a specific time. If negotiations have failed to persuade the opposing party to settle, then the claimant’s attorney needs to file a personal injury lawsuit. That must be done before the deadline, as stated in the stature of limitations. Lawyers have become familiar with the statute of limitations; that fact highlights the reason that a smart claimant should hire a lawyer.
The 3 procedures in stage 4
There are 2 pre-trial procedures. The first of those is the discovery session. During the discovery session, each side learns about the other side’s claims and defenses. Sometimes, the claims made and defenses revealed lead one side to settle the dispute.
If no side has shown a readiness to reach a settlement, the process moves on to the mediation session. That is a time when the 2 lawyers meet with an independent 3rd party, a mediator. The mediator tries to encourage the completion of an agreement/settlement. If that proves impossible, then it becomes necessary to schedule a trial.
At this point, the lawyer-client team should be ready to exercise patience. It can take time to schedule a trial, because the date must match with the schedules of the judge that will be presiding at that particular trial. Understand, that the legal system does not require completion of all stages during pursuit of a personal injury case. Disputants can settle at any time.