Understand the background of personal injury claims now
If you have ever needed to make a personal injury claim, it is probable that your claim was settled without the need of a lawsuit. These claims on personal injury are known as insurance claims and can best be handled by a personal injury lawyer Halifax. Most of these claims are settled by negotiating between the person that makes the claim, their lawyers and the insurance adjusters. It is quite unfortunate that the cases that find their way to court are on the increase. This article is however not meant to get into the cause for the increase but to give you a clear understanding of the process that follows a personal injury claim.
- The claim
In some states, a personal injury claim resulting from negligence from another party is brought against the person who committed the tort. The person who committed the tort is now the defendant. It is quite possible that the party responsible for your injuries and damages is the insurance company. However, the identity of the insurance company will not be revealed to the jurors who are making a decision on the case. The jurors will also not know the amount of that policy or if insurance covers the defendant.
The courts civil division is where you would file a personal injury claim. The amount that the person making the claim seeks is what will dictate whether the claim is going to be filed in the superior court or the district court. The filing is only done with the superior court if the amount is more than 10,000 dollars.
When the defendant now has a copy of the lawsuit, they are required to file a pleading. This pleading is known as an answer. It is in this answer that the defendant either confirms or denies the allegations made against him or her. This is the opportunity that the defendant has to present any information or claims to counter the ones made against him or her.
- The discovery
The defendant having answered to the claims of the plaintiff, the next step is for both parties to have what is referred to as a discovery. This is where the plaintiff and the defendant both get the information that they need from each other to help them get ready for the trial. There are certain documents that each party will request from the other such. These include medical records.
At this point, an arbitrator does a small trial. The arbitrator will make a decision based on the evidence presented to him or her by both parties during the trial. If 30 days are not yet over, this decision can be appealed after which it will go on to a full trial in front of a jury. Their decision will be final.