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Will I have to go to court if I file a personal injury lawsuit?

No, you will not have to go to court if you file an injury claim with a lawyer.

The vast majority of personal injury lawsuits are settled, which means the lawyers come to an agreement outside of court in consultation with the clients.

The limitation period within which a lawsuit must be filed is basically two years in Newfoundland and Labrador. So, often legal claims are filed in court just to avoid the running of time against the suit – something called prescription.

In some cases, an injury client will be asked to spend several hours answering questions from a defence lawyer in a setting called oral discovery. This is not in court. That being said, many claims that are filed in court do not even go on to the oral discovery stage. Cases settle once the plaintiff and defendant have established the facts of how the injury happened and the diagnosis and prognosis for the injury, after presentation of proposals and counter-proposals, and eventual compromise.

The path your case takes is up to you. A good injury lawyer will consult you, explain every step of the process, and prepare you for everything.