The legal system provides the parties on both sides of a given dispute with the opportunity to present their case. That opportunity gets extended to each party well before any argument gets heard in a courtroom. Indeed, the legal system demands cooperation from any potential plaintiff.
If you have been injured in an accident, you have the right to file a claim against the responsible party. By the same token, the legal system expects you to carry out a specific task. You must notify all those involved in that particular accidental occurrence.
Steps that a plaintiff should take, before notifying the other parties
Create several lists. On one list put all the actions taken since suffering the accident-related injury. On a second list write down information on all the phone calls you have made. A third listing should present the facts on all of the scheduled doctor’s appointments, as well as any appointments that should have resulted in creation of a medical report. The last of the lists should provide information on all the required repair work.
Study the number of days on which the injury kept the plaintiff from earning a living. That could be days staying home from a regular job, or days when a self-employed person could not answer the requests for clients.
Make inquiry into details of the insurance policy purchased by the person that caused the accident. Does that policy include a promise of liability coverage? If the policy does not offer such coverage, an injured victim will have trouble obtaining a fair compensation.
Gather evidence: Get photos of the injury and any resulting damage. Contact any witnesses. Think about hiring a lawyer. The evidence can be used during the negotiations between the representatives for each of the 2 disputing parties. Both sides can elect to have a lawyer present their case.
Follow accepted procedure for notifying parties involved in accident.
Call each of them and say that you intend to file a claim against the responsible party.
Follow-up on that call. Send each of them a letter in which you verify your intentions, the ones mentioned in the phone call.
What to expect after carrying out that notification?
Defendant can respond; defendant can make counterclaim, if he or she so desires. The same person can gather evidence to be used at a possible discovery session.
Final pre-trial step:
If negotiations do not lead to a settlement, the plaintiff or their personal injury lawyer in Leamington must file a complaint at the appropriate court. That sets a lawsuit in motion. At that point, both sides must schedule a meeting with the judge and also prepare for the discovery process. The trial date gets determined; that date is marked on the court’s calendar.