The refusal by one party to settle a dispute with an opposing party could lead to a trial. That cause-and-effect scenario would apply to any dispute, including one that had been created by a car accident.
When could negotiations not lead to a settlement?
When the 2 parties have failed to agree on who should be named at-fault for the reported accident. When those representing the defendant have doubts about the veracity of the claimant’s statements, specifically those touching on the severity of the same claimant’s injuries.
Features of trial
At a trial, the jury makes the final decision. For that reason, the procedure used for selecting the jurors represents the first stage of the litigation process. At the start of the trial, the lawyers for both the plaintiff and the defendant present an opening statement.
The personal injury lawyer in Fort Erie takes turns presenting their evidence. The plaintiff’s lawyer goes first. That attorney calls selected witnesses to the stand. As the witnesses answer the attorney’s questions, the jury gets shown various exhibits.
That procedure gets repeated when the defendant’s legal team has the chance to call witnesses. Some of those that appear on the witness stand might be appearing for the second time. Others would be a witness that the jury had not seen or heard from before.
The most influential witnesses are those that can offer a prognosis for the plaintiff’s injury. Some aspect of that prognosis might come from a medical expert. Sometimes each side brings its own expert; and each expert has a unique opinion, with respect to the prognosis.
Once the jury has heard from every witness and has seen all of the exhibits, each of the lawyers presents a closing statement. Then the jury gets instructions from the judge. The jurors deliberate and try to arrive at a verdict. During the deliberations, each juror must rely on his or her memory, along with any notes, and on a re-examination of the exhibits. The exhibits are brought into the room where the members of the jury are conducting their deliberations.
If all 12 members of the jury have agreed on a decision, with respect to the defendant’s liability, then it can provide that judge with a verdict. When the jurors have failed to reach an agreement, the judge must announce that the trial will end with a hung jury.
Still, a plaintiff should not always express relief at announcement of a verdict in the plaintiff’s favor. If the jurists have ruled in favor of the plaintiff, that does not guarantee delivery of any money to the same plaintiff’s lawyer. That simple fact helps to underscore the significance of a refusal to settle.