7 Step Guide to a Personal Injury Claim in Ontario

At PMP Law, we recognize that suffering a personal injury can be a life-alerting event, causing you to feel overwhelmed and unsure about your legal options. Use this guide to gain a better understanding of the process involved with a personal injury claim.

#1 - Choose the Right Personal Injury Lawyer

Retain a lawyer who specializes in personal injury. Personal injury law is complicated and evolving. It is important that you choose a lawyer who has the necessary experience and expertise to advocate for you and to protect your rights. The right lawyer will not only protect your right to fair compensation but will also ensure that you receive the best rehabilitation support and treatment to maximize your recovery.

Understand the fee arrangements. Personal injury lawyers often work on a contingency fee basis, which means the lawyer’s legal fee will be a percentage of the settlement or judgement obtained – it is important that you understand what that percentage is and how it is calculated prior to signing a retainer agreement. Also turn your attention to how disbursements are incurred and what your personal obligations may be if you decide to change lawyers or discontinue your case at any point prior to settlement or judgement.

Feel comfortable with your lawyer. Most personal injury claims take at least a year settle and can be longer depending on its complexity, so it is important that you and your lawyer have compatible personalities.

#2 - Schedule an Initial Consultation

At PMP Law you will have your first initial consultation with one of our experienced lawyers (not a law clerk or legal assistant), who will take this opportunity to learn about your case, the circumstances leading to your injury, the impairments that the injury has caused on your life, and the prospect of success if you choose to pursue legal action.

#3 - Gather Information and Evidence

Following the initial consultation, our team will collect evidence relating to the circumstances of the incident and your injury. We will then assess liability and damages, which is necessary to determine the potential value of your claim. Based on this initial assessment, we will issue notice letters and develop a legal strategy to maximize your chances of success and compensation.

#4 - Issue a Statement of Claim

If appropriate, once we have all of the relevant facts and evidence, we will attempt to settle your claim prior to litigation. If settlement is premature, or an unreasonable offer is presented by the Defendant, we will issue a Statement of Claim with the Ontario Superior Court of Justice. This document formally commences the lawsuit and will outline the circumstances of the incident, the nature and extent of your injury, the negligence of the at-fault party, and a particularized list of the damages you are claiming. Once the Statement of Claim is issued, it will be served personally on all of the Defendants.

#5 - Examination for Discovery

An Examination for Discovery is the fist major step in the litigation process. Both the Plaintiff and the Defendant will exchange relevant information, such as incident reports, medical records, and expert opinions. Each party will then be given an opportunity to examine the other under oath. Your lawyer will examine the Defendant to establish liability, and the Defendant’s lawyer will examine you in order to obtain information relating to the cause and extent of your injury and the impact that it has had on your pre-injury life. During this entire process, your lawyer will be by your side to object to improper questions and requests.

#6 - Mediation

The next step is a Mediation, which is an excellent opportunity to resolve your claim as all of the decision makers will be in the same room. The mediator will usually begin by giving opening remarks, followed by opening statements made by the lawyers – you will be given an opportunity to speak, but you do not have to. Once opening statements and any responses are made, each party will be placed in a breakout room, and offers will be exchanged to settle your claim.

#7 - Pre-Trial and Trial

If your case does not settle at Mediation, a Pre-Trial is another excellent opportunity to resolve your claim. It is similar to a Mediation, but this time, the parties will meet privately with judge who after reviewing the case and listening to both sides, may provide an opinion on liability and damages, which will often result in settlement offers being exchanged. If settlement is not achieved, several administrative tasks will take place to ensure a smooth trial.

A trial is the final stage of the lawsuit, although only 3-5% of all personal injury cases in Ontario will go this far. If yours is one of the 3-5%, the lawyers at PMP Law have the knowledge and expertise to argue your case in court before a judge and a jury.

Summary

Navigating a personal injury claim in Ontario is a complex process, which should not be done without an experienced personal injury lawyer on your side. At PMP Law, you will have a direct line of communication with your lawyer (not only law clerks and legal assistants), and we will guide you through every step of the litigation process with compassion and expertise.

For a consultation, please call us at 905-412-2288, email ppatel@pmplaw.ca, or visit www.pmplaw.ca for more information.