It is easy to begin pointing fingers when you have experienced a personal injury, but it is important to take every legal process step-by-step. Keep reading for Martin G. Schulz’s guide to this complex and often delicate process.
Consultation is the act of presenting your circumstances to a lawyer, often prior to agreeing to render legal service. Only a legal professional has the education and experience to offer an opinion on whether or not your claim is worth pursuing.
#2. Statement of Claim
Once prepared by a lawyer, your Statement of Claim is submitted to the appropriate court. The “defendant” is the party you made the claim against and they will have to file a Statement of Defence. Generally, this occurs between legal professionals with minimal interaction between the clients.
#3. Exchange of Evidence
The exchange of evidence is a period where both sides of the claim are legally obligated to share what proof they are bringing to the case. In a personal injury claim, the injured party will likely be assessed by a doctor chosen by the defendant as part of this agreement.
#4. Settling the Claim
Settling the claim can be done by mediation or trial, usually whether or not either party is present. The legal system as a whole prefers to achieve settlement before going to trial, as this reduces the burden on all parties (including the courts).
Should the issue go to trial, an appeal is the legal right of the claimant or the defendant to challenge the decision of the court. A successful appeal can overturn the results of the previous claim and even entitle the wronged party to financial reparation.
The five steps above are a stripped-down version of the events involved in a personal injury claim. More often than not, lawyers advise potential clients to either refrain from filing a claim or wait until their case is stronger. If you need the help of an expert legal team to consult your potential personal injury claim, contact or visit Martin G Schulz & Associates today!