4 Phases of Litigation

Tort law gives remedy to those who have suffered material injury due to the action or inaction of another. If you have been physically, mentally, or financially hurt by another party, then you can claim compensation from them. Accidents are the most common form of tort cases. If you were injured in a car accident caused by a reckless driver or harmed on premises owned by someone else, accident injury lawyers Ontario can help you build a case against them.

The accidents described above are not the only kind of civil litigation. Injury caused by a product defect, illness brought on by environmental degradation and poisoning, medical or legal malpractice, or failure to honor a business contract are some of the other cases in which you can hire a civil litigation lawyer Ontario and sue.

If you enter a civil dispute, you will need a civil litigation attorney as you go through the process of litigation. The four phases of such litigation include:

1. Negotiation and filing
   It may be possible to negotiate a settlement with the party responsible for your injury. You should not attempt to do so on your own. A business litigation lawyer Ontario is best placed to handle such an action. If you reach an agreement through formal negotiations or mediation, then a lawsuit will not be necessary. If you fail to reach an agreement, then your attorney will file a lawsuit on your behalf.
2. Discovery
   Once you file a suit, the respondent will have an opportunity to file a motion to dismiss the case. If this does not happen, then the case will move to the discovery phase. This is perhaps the lengthiest and most complex part of litigation. 
   Your civil litigation attorney will request all information and documents related to your case. The other side will do the same. In most instances, to save time and money, your attorney will work with the respondent’s legal team to determine the parameters of discovery and the documents that both sides will need to see.
   Based on discovery, the legal teams will take depositions in which everyone parties to the case and witnesses will answer questions under oath. 
3. Summary judgement or trial
   It may be possible to get a summary judgement of the case. This will happen only if both parties agree that the major facts in the case are not in dispute, and that the law requires one party to give relief to another. If this is not possible, then the case will go to a jury trial.
4. Appeal
   After the jury renders its verdict, either party can file an appeal. If the appeal fails, then the judgement will stand. This means that if the original jury verdict was in your favor the party you sued will have to pay what is owed. You will still need a civil litigation attorney to help you through these final steps.