Accidents are brutal, not only because of the physical injuries that the victim suffers but also because of the financial and mental toll you have to face. The first thing that comes to mind after an accident may be to seek compensation and get paid for all the damages, particularly if you have a protracted rehabilitation process. We all agree that if an injury was brought on by someone else’s negligence, the victim shouldn’t have to bear the burdens of it alone. However, the most common query that people have is whether it will be beneficial to pursue a personal injury claim and how long it will take to receive compensation.
Considering the complexity of the situation and the difficulty in pursuing compensation, there is no definitive response to this query. Thankfully, SG Law as one of the best injury lawyers is here to put an end to your misery and to help you through each stage of the procedure so that you won’t have to suffer any more.
In this blog we will be discussing some common factors that could alter the duration of your personal injury claim settlement:
In most personal injury cases, it takes one to three years to settle or acquire a judgement. It might be difficult to forecast the precise length of a person’s injury claim because the facts of each case vary.
Table of Contents
Step 1: Get in touch with an experienced attorney
As the first part of the process, you must get in touch with an experienced personal injury attorney. You should also look for specialisation especially if your case is complicated. For example, if you reside in Ottawa had a car accident then look for a car accident lawyer in Ottawa and so on.
Serious injuries may surpass the amount that can be recovered in small claims court. Ensure that you are supported by a reputable personal injury law firm in Canada, so they can present a convincing argument in court.
Step 2: The Beginning of the Case
After you have chosen a lawyer based on your requirement, you will have to pay the associate’s filing fee and file a complaint with the appropriate court. After that, you must deliver a copy of the summons and the complaint to the defendant. It should include information about your case, the defendant’s responsibility, and the amount of money you are seeking. The time it takes for your attorney to prepare a complaint and serve the defendant can range from one week to one year.
Step 3: Discovery Stage
You will have to trade the facts and assertions that serve as the basis for your case in the discovery phase. This could include things like security footage, communications from the company, police reports, and medical files.
It also involves dispositions, which are opportunities for oral cross-examination of witnesses who have testified under oath by both sides.
Step 4: Court Motions
Usually, a number of pretrial motions will need to be filed by the attorneys for both sides. Pretrial motions are used to ask the court to rule on particular matters. It is a possibility that some pretrial motions may take longer to process than others, but they may also have a greater impact on the outcome of the case.
Step 5: Attempt Settlement or Negotiation
The majority of personal injury claims are settled prior to trial, and your attorney will begin participating in settlement discussions as soon as the initial discovery is obtained. You will also be given a voice in whether the offer is accepted or rejected.
Step 6: Trial
If neither party is able to reach a settlement before trial, the case will be tried. In a civil trial, the evidence will be considered before the judge or jury renders a verdict.
This will involve below-mentioned steps:
Selecting a jury for the case
Opening statements of both parties
Cross examination and witness testimony
Closing arguments of both party
Instructions by jury
The announcement of verdict by jury
The whole process can take 1 to 7 days.
Step 7: Verdict
Whether the offender is guilty or not will be decided by the judge, who will also deliver his judgement to the court. The judge will determine what is a fair sum to play to the plaintiff if the offender is found guilty.
Step 8: Appeal
Both parties have the right to appeal if they don’t agree with the settlement. If the appeal is upheld, a new agreement or trial might be held.
Step 9: Collection
If the plaintiff prevails, the judgement will then be collected. The fund may be paid to you in one lump sum or in several instalments.
Conclusion
We hope this guide was successfully in giving you a clear understanding of the injury settlement process. The crucial part of the process is to hire an attorney that knows what he is doing. Experience speaks when it comes to legal matters. Contact SG Law today to get more information.
