Claimants that have given thought to initiating a personal injury lawsuit must submit a complaint at the appropriate courthouse.
A lawsuit can lead to a settlement.
If the 2 opposing sides agree to settle, then there is no need for a trial. Sometimes the opposing parties reach a settlement during the trial, but before a reading of the verdict.
Procedures suggested for claimant that has received proposed settlement terms
Consult with a personal injury lawyer in Bradford before agreeing to settlement.
—Discuss the anticipated length for the healing process
—Discuss the likelihood that the client/victim could develop a permanent problem, as a consequence of the injury.
—Explain source of diagnosis; a diagnosis from a medical doctor holds more weight than one from a professional in a field of alternative medicine.
If victim has refused to accept the offer, then the negotiations could continue; that would mean that the adjuster must make a higher offer. If the adjuster has not come forward with a better/higher offer, then the talks would be at a stand-still. In order to move forward at that point, both sides would need to agree to take part in a mediation session.
What would happen at the mediation session?
• The mediator would listen to each party’s argument, while the other party listened.
• The mediator would meet separately with each party.
• The mediator would meet with both parties, and encourage creation of a compromise.
If the mediator could not get the opposing sides to resolve their dispute, a trial would be scheduled.
A discovery session would precede the trial. The lawyers for both sides would depose selected witnesses and there would be an exchange of evidence.
Sometimes the opposing parties settle their dispute after the discovery has ended. If no settlement, the opposing sides face each other in a courtroom. Both lawyers present an opening statement and get a chance to question and cross-examine witnesses.
A display of the evidence takes place, as the witnesses give their testimonies. Both lawyers present their closing statement and then the judge reads the instructions to the jury; members of the jury meet, in order to reach a verdict.
If neither party has offered to go along with terms of a settlement, the jury re-enters the courtroom and hands the verdict to the judge. The judge reads the verdict.
What procedures could follow the reading of the verdict?
If the plaintiff had won, then the judge would issue an order calling for payment of the plaintiff by the defendant. The defendant would have the right to seek an appeal. If granted an appeal, the appellate court could confirm or revoke the original verdict, or it could call for another trial.