Are you in a legal dispute with an individual or organization? Do you want your case to be resolved through the court system by an unbiased party? In that case, hiring a litigation lawyer is your best option. A litigation lawyer specializes in advocating and arguing your claim on your behalf. Let’s explore what litigation lawyers do and how they can help you.
What is a Litigation Lawyer?
A litigation lawyer is someone who assists clients in resolving legal disputes through the court system. Their role is to represent you during the legal proceedings and present your case effectively. Whether you have a personal injury claim or need to resolve a legal dispute, a litigation lawyer will guide you through the complex legal process.
Skills and Expertise
Litigation lawyers possess an in-depth understanding of the law and its particularities. They have comprehensive knowledge of the legal system and courtroom procedures. Moreover, they are skilled in gathering evidence, negotiating settlements, and presenting arguments persuasively. Their expertise ensures that your case is presented in the best possible light.
Personal Injury Litigation
If you’re seeking compensation for disability, illness, or death, a personal injury litigator is the right professional to consult. Personal injury litigators are well-versed in the specific laws and regulations governing duty of care in various contexts, such as premises liability, motor vehicle accidents, or defective products. Their specialization allows them to offer tailored advice and advocacy for personal injury claims.
The Litigation Process
When initiating the litigation process, the first step is assessing the available evidence to establish fault and damages. To support your claim, your litigation lawyer and their team will gather necessary documentation. This may involve attending medical appointments or obtaining medical and financial records. Remember, substantiating both fault and harm is crucial for a successful claim.
Adjudication by Judges and Juries
During legal proceedings, judges and juries play a vital role in determining the outcome of your case. They follow a two-part system, with fault being determined before assessing damages. Expert witnesses may be called upon to provide evidence regarding your physical or financial losses. For example, if your injuries prevent you from returning to work or require you to accept lower-paying employment, the jury needs to consider your future losses.
Filing a Statement of Claim
Once your litigation lawyer is confident in having sufficient evidence to support your case, a Statement of Claim is prepared and filed with the court in the appropriate jurisdiction. This filing typically takes place either where the incident occurred or where the involved parties reside. In the greater Toronto area, there are nine Superior Courts of Justice locations.
The Statute of Limitations
It’s important to be mindful of the Statute of Limitations in Ontario, which allows a two-year timeframe to file a claim after the incident leading to the lawsuit. Although there are circumstances that may extend this period, it’s best not to rely on such extensions. Failing to meet the filing deadline may result in the dismissal of your claim, even if it would have otherwise been successful.
Courtroom Advocacy and Pre-Trial Preparation
A litigation lawyer must be well-versed in courtroom procedures and possess exceptional advocacy skills. Contrary to popular belief, the legal process is not as swift as depicted in television dramas. Ninety-five percent of a litigation lawyer’s time is dedicated to behind-the-scenes pre-trial procedures and preparation. This diligent work, though not glamorous, is crucial for building a strong case. It ensures that your lawyer has the necessary evidence and expertise to ask the right questions when the time comes. Remember, thorough preparation is the key to achieving a favorable outcome.
Exploring Alternatives to Trial
Given the high costs associated with preparing a claim for trial, litigation lawyers often explore other avenues before presenting a case in court. Mediation, for instance, provides an opportunity to negotiate and settle disputes outside of the courtroom. It emphasizes the importance of knowing your case intimately and using the right words to advocate for your interests. Additionally, litigation lawyers collaborate with qualified experts who can prepare reports and present evidence on your behalf during trial.
Trust Garrity Traina for Your Litigation Needs
When you choose to work with Garrity Traina for your litigation needs, rest assured that every step of the process is aimed at preparing your case for trial. We treat each case as if it will ultimately be presented before a judge and jury. Our meticulous approach ensures that your claims are well-documented and ready to be effectively presented. This comprehensive preparation enhances the likelihood of achieving a favorable settlement.
If you require a skilled litigation lawyer for a claim against someone who has caused you harm, we offer a free initial consultation. Contact us today to schedule a meeting with Michelle Brown, either at our office or a location convenient for you.