These are the landmarks that you could expect, if you have identified your injury and have found that the value of the damages comes to more than the amount that you could seek in small claims court. In addition, you would need proof that the defendant had purchased an insurance policy, or had a suitable number of assets. Otherwise, you would have trouble finding an attorney that felt willing to handle your case.
First landmark: Filing of complaint
The complaint must be filed in a suitable courthouse. You could not file a personal injury complaint at a courthouse that handled criminal cases. After your Personal Injury Lawyer in Oshawa has filed the complaint, then a copy of that same document must be served on the defendant. The defendant should also receive the date on which he or she must report to the courthouse.
The defendant would need to contact his or her insurance company, in order to arrange for legal representation, during the scheduled litigation stage of the claims process.
Second landmark: Discovery session
This is a pre-trial procedure during which both sides share their evidence.
Depositions could be scheduled. At a deposition, lawyers for both parties would be able to pose questions to the deponent. The plaintiff and defendant are usually deposed, along with other relevant witnesses.
The 3rd of the anticipated landmarks: The trial
The lawyers for each of the opposing parties would select the members of the jury.
Each of those same lawyers would give an opening statement, one that would be directed at the jury.
Each lawyer would have a chance to call witnesses, and to ask them questions. The jurists could have an opportunity to view items of evidence that were related to the witness’ answer.
Once one of the lawyers had questioned a witness, then the attorney for the opposing party would be allowed to cross-examine that same witness.
After the jury had heard all of the witnesses, it would be the lawyers’ time for presentation of a closing statement.
At that point, the judge would read the instructions to the jurists. Then the members of the jury would meet and review the presented evidence, in an effort to reach a decision. If all the jurors agree on the side that should be declared the winner, then the court gets to hear their verdict.
The judge announces the verdict and the amount of money owed to the plaintiff, unless the defendant has won. That amount could represent a combination of compensatory damages and punitive damages. Each defendant has the right to seek an appeal, if he or she does not agree with the verdict, or with the amount of money that is supposed to be delivered to the plaintiff.