The disputing parties in a dog bite case have the ability to settle their dispute at any point, following the moment that the owner’s dog has made a vicious attack on an innocent individual.
Settlement could come even before a lawsuit was filed.
In order for that possibility to become a reality, both sides must agree on the issue of liability. In addition, the 2 opposing sides must agree on the extent of the victim’s losses. When both parties in a dog bite case reach an out-of-court settlement, the victim/claimant normally sustained a relatively minor injury.
Two other requirements have to be satisfied, before the opposing parties can agree to settle out-of-court. First, the responsible party, the dog’s owner must be covered by insurance. Second, the plaintiff must provide clear evidence of his or her losses.
That evidence could take the form of witnesses. By the same token, it could emerge from an examination of the victim’s medical records. If the victim had been self-employed, the defendant’s lawyer would probably ask for unquestionable proof of the victim’s earnings, prior to the time of the biting incident.
It should not take long for the two sides to arrive at an out-of-court agreement. Those disputing parties might be able to settle their differences in 30 to 90 days. If they have failed to resolve their dispute, then the case moves on the discovery phase. Ask your injury lawyer in Kitchener to provide you with more details.
The discovery phase usually lasts between 6 and 12 months.
During the discovery phase, each side tries to gather additional information. The attorney for each side gets a chance to ask questions at a disposition. By the end of the discovery phase, the attorney for the defendant must decide whether or not the plaintiff has produced the required elements of the case.
Plaintiffs that have failed to satisfy all of those elements could face a grim reality. The lawyer for the dog’s owner, the defendant, could find that the plaintiff had failed to provide the court with a sufficient amount of evidence. In that case, the same lawyer might request a summary judgment. Such a judgment would bring the case to a swift conclusion.
A mediation session could follow the discovery phase.
During such a session, the mediator indicates to each party how successful it would likely be, when presenting its existing argument to a judge and jury. If a mediator could convince one or more parties that the judge might not look favorably on a planned argument, then the same mediator should get the two sides to reach some sort of agreement. That would all transpire quickly. A mediation session can be over within hours. Consequently, only 2 to 5% of dog bite cases go on to trial.