STEP 1: Investigation and Assessment
We start by discussing the case with you and reviewing the information, which you provide to us. With that, we can determine if you have a case worth pursuing. We do not charge you for this service.
If we need more information, we can tap into public sources like police reports, or conduct our own investigation. If we believe we can’t help you, you will not be charged for any of the work that was done.
STEP 2: Notice
We write to the person responsible for your injuries to tell them that we will be making a claim on your behalf. This results in two things:
Interest starts to run on your claim from the date notice is given (motor vehicle cases);
Usually, if there is insurance to cover your claim, the insurer will begin its investigation and set aside money to pay your claim.
STEP 3: Disclosure
We will request copies of the documents we need in order to prove your claim, including medical records (pre-accident and post-accident). If you’re making a claim for income loss, employment records and tax records are needed. Copies of the records are provided to the insurance adjuster or other lawyer to assist him/her in evaluating your claim
STEP 4: Settlement Discussion
If and when it is in your best interests, we will discuss your case with the insurance adjuster to try and settle your case directly with the insurance company without starting a lawsuit. The case cannot be settled until your medical condition and prognosis are known. It can take time for you to reach your maximal medical recovery and for all medical investigations to be completed so that your doctors can give us a final medical opinion. A decision is made whether to settle your case at this time or to go on to the next step.
STEP 5: Lawsuit
If the case cannot be settled directly with the insurance company in a reasonable time, we will issue a Statement of Claim in the Superior Court. This is the start of the actual lawsuit. It contains a brief written summary of the facts of your claim and a copy is “served” or delivered to the “defendant” (person responsible for your injuries) personally. The defendant’s insurance company will appoint, instruct and pay for a lawyer to defend the claim. The defendant’s lawyer will deliver a Statement of Defence, which sets out the allegations on which the defendant will try to prove if the case should proceed to court.
STEP 6: Discovery
First we make sure we have disclosed all relevant documents and records and list them in a document called an Affidavit of Documents. If we are claiming more than $50,000.00 in your case, you may then have to participate in the second aspect of disclosure, which is called Examination for Discovery. In this process, we will question the defendant about the case and the defendant’s lawyer has an opportunity to ask you questions about the case.
STEP 7: Resolution:
After disclosure is complete, the case is set down for trial. Your case will be resolved either by a judge and jury at trial or by settlement with the other side. Approximately 95 percent of lawsuits are settled before trial.
If a settlement cannot be negotiated directly, both sides often agree to participate in mediation. In mediation, you and I will meet with the defendant or his/her insurance company representative and their lawyer, and with a mediator to try to reach a settlement of your claim. The mediator’s job is to try to help both sides reach a compromise settlement. Mediation often takes a full day but it is a very effective way to reach a decision to resolve a case without going to trial.
Another good opportunity for settlement before trial is a Pretrial Conference. At a Pre-Trial Conference, the lawyers, and sometimes the plaintiff and defendant themselves, will meet with a judge to discuss the case. The judge will usually try to give an independent opinion about the case, which often helps the parties to make their own decision about settling the case.
In those rare cases where no settlement can be reached, we will take your case to trial to get you the compensation you deserve. This can be a frightening process for you, but we have done it many times and will guide you through it. We don’t take a case to trial unless we are confident we can win.
