Why would a claimant decide to file a personal injury lawsuit? It could be that negotiations with the insurance company have reached a standstill, or appear headed in the direction of a stalemate. Alternatively, the claimant might suspect that without a lawsuit he or she would not succeed in obtaining a fair compensation.
The first thing to consider
In what court will your case be heard? If you are seeking less than $20,000, then you should plan on presenting your case in small claims court. If you are seeking more than $20,000, then you must follow the process used for pursuing a lawsuit in a civil court.
Process to be followed:
File a personal injury complaint in the proper branch of the civil court system. If you have a lawyer, ask for the lawyer’s assistance, in identifying the proper branch.
File the pleadings. If you have Personal Injury Lawyer in Richmond Hill, you should have someone that can help you with completing that particular step. If you do not have an attorney, then study the samples that have been posted on certain websites. In your pleading, be sure to show that you have submitted your materials in the proper jurisdiction.
When studying what has been posted on the different websites, check to see if you can find information on the documents that must be submitted with the complaint, the one that you intend to file.
Take the complaint and the attached materials to the proper courthouse. File those papers there and pay the required fee. It usually comes to $200 to $300. Be sure to get a copy of all the papers that you file with the court. You must give the defendant a copy of each paper. Obtain proof of the fact that you have served the defendant with the copied papers. File that proof with the court that has your complaint.
Actions to take after you have filed all the necessary papers:
Wait for the answer from the defendant. Understand that you still have the chance to settle with that same defendant. The act of filing a lawsuit does not bring an end to the process by which 2 opposing sides manage to reach an agreement.
If the defendant’s answer shows that he or she has not altered the position stated earlier, then you must provide the court with the information on that answer. In that way, you can let the court know what facilities you and your lawyer will be using.
The 2 of you must plan for the discovery session. That precedes the trial. It could be that evidence presented during the discovery session might alter the defendant’s position. That change might allow the 2 disputing parties to reach a settlement.