There are several steps you must take if you decide to file a personal injury lawsuit in Ontario. Though you are allowed to self-represent, it will help you get a higher amount of compensation if you hire the services of an experienced personal injury lawyer in Waterloo. Additionally, most of the lawyers follow the steps below when filing a lawsuit so that the insurance company knows you have done everything necessary to receive fair compensation.
1: Find All Facts and Do Research
Meeting with your personal injury lawyer is important during this step. He will help determine how your injuries were acquired and gather all the facts about your accident. You will need to provide all documentation pertaining to your case. This should include medical records as well as any information you gathered at the accident, such as witness names and contact information.
During this step your lawyer will file a statement of claim which discusses the facts that entitle you to a claim and the amount you are claiming. This statement of claim is sent to the other party involved in the accident. Their insurance company’s response will be a part of the pleadings step and is the statement of defense in your case. After your lawyer reviews the statement of defense he will discuss the findings with you to determine the best way to proceed. Your lawyer may then make a reply to the factual contentions made in the statement of defense as a final part of the pleadings step.
3: The Mediation Step
All parties may be required to be part of a mediation that lasts three or more hours. A mediator that is acceptable to all parties will be chosen. A story of your case is drawn up by your lawyer using reports and statements of your case and is then presented to the defendant’s lawyer and the mediator.
Discovery is the next step in your case. This step involves all relevant documentation of the case be exchanged by both parties. If you are unsure about the details, talk with your lawyer.
5: Preparing for Trial
During this step of the process your lawyer interviews witnesses. He will also determine what expert opinions may be needed for your case and contact experts if needed as well as any additional facts that could help with your case.
6: A Settlement Conference
During this step of your lawsuit, a judge considers your case. Your lawyer attends this settlement conference with you and presents your case before the judge. Based on the court’s response your lawyer can offer you the next plan of action.