Steps In An Ontario Personal Injury Lawsuit

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When you suffer a personal injury because another person was negligent or careless, you could be entitled to be compensated for medical expenses, lost earnings and other damages that you incurred by filing a claim for compensation. Your lawyer may recommend the filing of a lawsuit against the party responsible for causing your injuries in order to recover damages for your pain and suffering. The lawsuit process may appear to be complex and confusing, so here is a brief overview to give you a better understanding of it.

Gathering the evidence to support the claim for damages

Witnesses, medical records and police reports represent some of the types of evidence needed to prove negligence and the extent of the injuries you suffered. The investigation undertaken following your meeting with a personal injury lawyer gathers evidence proving the facts and identifying the parties responsible for your injuries.

Preparation and exchange of the pleadings

A lawsuit begins with formal pleadings exchange between the parties. The basic pleadings in a personal injury case include the following:

• Statement of claim: The statement of claim is prepared by the lawyer for the plaintiff, the injured party, and served upon the defendant, the party responsible for causing the injuries. It includes the names of the parties, facts supporting the claim for compensation and the damages suffered by the plaintiff.
• Statement of defence: The lawyer for the defendant prepares and serves upon the lawyer for the plaintiff a written response to the statement of claim. It might include legal defences or denials of the plaintiff’s factual statements.

Your lawyer may choose to serve a reply to the defences or factual statements contained in the statement of defence. Once the pleadings phase has been completed, the parties may elect to engage in discovery.

Exchanging evidence through discovery

Your lawyer and the lawyer representing the defendant have the opportunity to engage in discovery. This entails the exchange of documents and other evidence pertaining to your claim against the defendant and defences raised in the statement of defence.

Oral examinations can be essential in the discovery process by offering an opportunity to question the opposing party. Oral examinations are conducted under oath with a written record prepared by a stenographer.

Mediation of the claim

Civil cases in Ontario, including those seeking damages for personal injuries, must go through a mediation process. A neutral third party selected by agreement of the parties to the lawsuit schedules a mediation session.

Mediation is an informal process designed to facilitate settlements. Each side in the lawsuit has the opportunity make a presentation to the mediator of the facts and the evidence supporting their position. Unlike a judge at trial who decides the case base on the evidence, a mediator attempts to narrow the issues to help the parties reach a settlement.

Conferences and trial

If the parties cannot achieve a settlement through mediation or on their own, their lawyers must attend a pre-trial conference to speak with a judge about issues related to the trial and to further explore the possibility of resolving the claim through a negotiated settlement.

Unless a settlement is reached, the case will be scheduled for a trial where a judge or a jury will hear the evidence presented by your lawyer and the lawyer for the defendant. At the conclusion of the presentation of evidence, the judge or jurors render a verdict in favor of one of the parties.

Ontario personal injury lawyers

Working with an experienced personal injury lawyer makes the process of obtaining the compensation you deserve easier by guiding you through the different stages. The personal injury lawyers at Diamond and Diamond have years of experience successfully handling claims for compensation on behalf of people injured in Ontario through the fault of others. They welcome questions about your case. Call the Diamond and Diamond 24/7 injury hotline at 1-800-567-HURT or visit their website to speak to someone now. They have offices located throughout Ontario offering free consultations and case evaluations to injury victims and their families.