Personal Injury Claims Process

First, you and your lawyer will need to develop a full understanding of the facts of your case. Your lawyer will investigate the events that led up to your accident, interview witnesses, gather important documents and evidence, and ascertain the value of your damages, including medical bills and other costs associated with your accident.

Generally, a personal injury suit begins with the filing of a statement of claim — first, your lawyer may send a demand to the other party and their insurance company, followed by filing a claim in the appropriate court. The pleadings, which include the plaintiff’s claims and the defendant’s statement of defence, are the official court documents that set out the claims, defences, and damages of the parties. It is essential that you file your claim on time; a failure to do so may mean that the statute of limitations will bar you from being able to recover compensation. For that reason, it is important to consult with a personal injury lawyer as soon as possible after your injury.

Before the trial, negotiations will take place with the other party and their insurer. These negotiations will aim to resolve the lawsuit outside of court, which occurs if the parties can agree to a fair and reasonable settlement. Your lawyer will also conduct discoveries, exchanging pertinent information with the opponent. You may be asked to answer questions under oath, and you may also be asked for certain information in writing from the other side. At this stage, the lawyers may also bring various motions on behalf of their clients, requesting certain resolutions from the court.

If no settlement is reached, and no other resolution is entered, the case will first undergo one last settlement conference and then eventually progress to a trial in court. At trial, the lawyers for both parties will introduce their evidence, call their witnesses to testify, and present their arguments to the judge or jury, who will then deliberate and reach a verdict.