Stay Out Of Court For Injury Compensation Claims
If you have been injured in an accident and you are claiming compensation for your injuries then the process of claiming compensation can become much easier if you know what to do in order to stay out of court. It is important to realise that there are three different types of stay out of court proceedings that are used in law. These types of stay out of court orders are discovery, ex gratia and administrative stay. Understanding what each one is and how it can affect your case will make the process of claiming compensation easier to handle.
Discovery: Discovery is used to get more information about the accident that happened. Discovery is a judicial proceeding where a party makes use of discovery in order to obtain tangible evidence that supports their claim. Examples of discovery would be photographs, witness statements, medical reports etc. Once a party has obtained physical evidence to support their claim they can apply for a stay of execution.
Ex Parte Stay: An ex parte stay is issued when the court finds that the claim being made is beyond the jurisdiction of the courts. This would usually happen if the case has been established in a state other than the one that the accident happened. The court will issue an ex parte stay and this will prevent the claimant from filing for a settlement with another state. They also have to vacate any award that was given to the claimant during the time they had the stay. This means that they will not be able to get any money from any damages or injuries that have been awarded. It is very common for people to have an ex parte stay issued when they have been injured in car accidents.