Most personal injury claims are settled outside of court. However, if you can’t reach a fair resolution during the mediation process, you may have no other choice but to go to trial. Here’s an overview of what to expect if your personal injury claim goes to court.
Overview Personal injury trials typically take place over several days and are conducted in front of a jury of six people and a judge. The judge and jury are tasked with determining if the defendant (the person being sued) is at fault for the accident, and if so, how much they must pay the plaintiff (the injured person) in damages. At the beginning At the start of the trial, the plaintiff and defendant take turns laying out their evidence. This often includes medical files, police reports, witness statements and more. Testimonies While on the stand, the plaintiff is asked to describe how the accident happened and what their life was like before the incident. This includes detailing the injuries they sustained and how their injuries have impacted their day-to-day life. In addition, the plaintiff can call on supporting witnesses, such as friends, family members and co-workers to testify about any changes they’ve noticed in the plaintiff since the accident. Closing arguments Once all the evidence from both sides has been put to the jury, the plaintiff and defendant make their closing arguments. This allows each party to weave together all the evidence that was presented in the hopes of persuading the judge and jury to rule in their favour. Verdict The jury deliberates until a verdict is reached. If the jury rules that the defendant is at fault, the judge assigns a dollar value to the injuries sustained by the plaintiff. If one of the parties is unsatisfied with the judgement, they have the option to file an appeal. However, this process can last from several months to several years.
HOW A LAWYER CAN HELP
Hiring a lawyer to guide you through the process of filing a personal injury claim can prevent you from having to go through a long and complex trial. However, if necessary, an experienced lawyer can formally represent you in court to ensure you have the best chance of recovering compensation for your losses.
EXPERIENCED LITIGATION LAWYERS IN ONTARIO
At Feifel Gualazzi, our team of lawyers has extensive experience representing clients in personal injury cases. Whether you sustained physical or emotional injuries, you can count on us to tirelessly defend your rights to ensure you receive the compensation you deserve. We’ll take care of gathering all the necessary evidence and putting together a strong case. Contact us today for a free consultation, or to find out if you have a case.