If settlement negotiations fail to end with creation of an agreed-upon figure for the compensation package, then the claimant has the right to sue the at-fault driver. The legal system allows claimants to file a lawsuit while negotiations are still underway.
Both car insurance lawsuits and car insurance claims end with a settlement.
Initial steps for filing a lawsuit
File a complaint with the local civil court. Include in the complaint details on the claimed damages, along with facts that offer the legal basis for the filed lawsuit. Serve the complaint on the defendant. A summons accompanies most complaints. Anyone that has filed a complaint has 30 days in which to serve the summons/complaint on the defendant. When necessary, the potential plaintiff can request an extension of that 30-day period.
Await defendant’s response. Some defendants present information on their defenses in their response. If a defendant were to feel that the potential plaintiff lacked a sound basis for the filed lawsuit, he or she could move to have that same lawsuit dismissed.
Steps that are supposed to direct procedure in direction of settlement
This is the time when the formal litigation procedures take place. Before any trial starts, the disputing parties follow the rules of the discovery phase. Each side must share with the other side all of its collected evidence. The lawyers for each side question various witnesses in a procedure known as a deposition. During the discovery phase, which can last as long as 6 months, either side might choose to settle with the opposing party. Usually, the party that has elected to settle has found that the other side has a case that is stronger than his or her own case.
If the opposing parties do not settle, following the discovery session, then the court schedules a trial. During the trial, each of the 2 opposing lawyers gives an opening statement. Then each of them has a chance to call and question selected witnesses. The attorney for the opposing side has a chance to cross exam each witness.
The jury hears the statements made by the witnesses. In addition, it gets to see the exhibits that the lawyers have put together. Once the jurors sequester, those same exhibits are taken into the room where the jurors have gathered.
Before the jurists gather to decide on a verdict, each injury lawyer in Calgary presents a closing statement. Then the judge gives a series of instructions to the jury. There is no limit on that amount of time the jurors can take, in order to arrive at a verdict. The jurors decide who was at-fault for the accident, and how much money the at-fault party must pay the victim.