Someone that has suffered a personal injury has the right to pursue a personal injury lawsuit. How is enjoyment of that same right dependent on the plaintiff’s awareness of the statute of limitations?
Basic features of the statute of limitations
Each province has established its own statute. Each of those statutes lays down a deadline. Any potential plaintiff’s right to file a lawsuit disappears immediately after the passing of that same deadline. Personal Injury Lawyer in Kingston is of the view that oOnce a defendant has discovered that the opposing party (the plaintiff) has missed the deadline, it becomes the defendant’s right to make a motion. That motion would be for dismissal of the plaintiff’s case.
Does the judge have to go along with the defendant’s motion?
If the plaintiff’s lawyer can introduce grounds for an extension of the statute of limitations, the judge has reason for denying the request made in the defendant’s motion. For instance, maybe the plaintiff’s attorney has evidence that a minor has been injured. That would be a valid reason for extending the statute’s deadline.
Is each person that has filed a lawsuit obligated to move forward with that same action, and thus pursue the lawsuit?
No, someone that has completed such a filing has the right to seek a less confrontational settlement. For instance, the 2 sides could decide to meet at a mediation session.
Yet the act of filing a lawsuit provides the filer (potential plaintiff) with certain advantages. He or she has held onto the right to make use of one possible option, namely that of suing the opposing party. The other party’s awareness of that possibility could make him or her more inclined to settle.
Lawyers have a word that gets used for describing what can be gained when one of 2 disputing parties has filed a lawsuit. That word is leverage. The claimant, the party that has chosen to sue the other party gains leverage. Why is it good for a negotiating claimant to obtain a larger amount of leverage?
A lever is a simple tool. It can make the task of lifting a heavy object easier. During negotiations, someone that has obtained leverage should find it easier to change the thinking of the opposing party. In other words, the opponent loses his or her desire to challenge the claimant.
Following the loss of that desire, the same opponent feels more inclined to settle. True, a settlement of the dispute that triggered the lawsuit’s filing does away with the need for that same legal proceeding. Still, that does not create an unwanted situation, because the would-be plaintiff still gains his or her well-deserved compensation. In other words, he or she manages to win the desired award.