The File Process

I was injured in an accident, what should I do?

When you are involved in an accident, you may be entitled to recover money through a personal injury lawsuit. It is important to have a basic understanding of the litigation process.

Here’s where to start:

Seek medical help
Report the accident to authorities or regulating body
Notify insurance provider
Contact an experienced lawyer to see if you have a case.

Why contingency fees work well: Strype Injury Lawyers, Toronto

1) Investigation

As soon a lawyer agrees to start working on your case, send all accident-related documentation (photos/videos, medical, diary entries, police & witness reports) you have to the lawyer.

2) Statement of Claim

Once your lawyer has reviewed the evidence, they will issue a Statement of Claim. A Statement of Claim lays out the legal and factual arguments of your case. The Statement of Claim is then served on all Defendants.

In the Province of Ontario, you must initiate a lawsuit within two years of the date that you knew or ought reasonably to have known of the incident and related injuries. It is important to reach out to a personal injury representative as soon as possible.

3) Statement of Defence

The Defendant(s) in your case will file a Statement of Defence, as a way to refute any claims made against them.

4) The Examinations for Discovery Process

Both the defendant and the plaintiff will submit their affidavit documents to the other side. An affidavit of documents is the technical term for all the documentary evidence important to each side’s case. After the affidavit of documents are exchanged, the Plaintiff(s) and Defendant(s) will be examined by the other side’s lawyer. These examinations provide each side with further detail not contained in the documentary record.

*Mediation*

With the help of an independent mediator, all parties will meet and attempt to resolve your case. Some regions have mandatory mediation (Windsor, Ottawa, and Toronto). In all other regions of Ontario, mediations are voluntary.

5) Pre-Trial

If your case has not been settled by this point, it would be placed on a trial list.

Before heading to trial, the parties will attend a Pre-Trial. A Pre-Trial is similar to mediation in structure but with the added benefit of having a Judge act as the mediator. A Judge will weigh in on the issues and see if they can facilitate a resolution between the parties. If this is not successful, the trial will continue as planned.

6) Trial

Each party gets to present evidence before the Court and call witnesses to testify. Once both parties have made their case, a judgment will be delivered.

If a party is dissatisfied with the outcome, they have the option to file an appeal with the court.