What Happens to My Personal Injury Claim During COVID-19 Lockdown?

Everybody is struggling to cope with the ever-shifting landscape as we face this global pandemic together. Individuals who are in the midst of a personal injury claim will no doubt be concerned about what will happen to their claim during this emergency. Himelfarb Proszanski wants to provide reassurance and guidance to all of our clients.

The Courts in Ontario have issued a suspension of all court operations (as of March 17, 2020) until further notice. Any matters scheduled for motions, pre-trial conferences, or trials (criminal, civil, family) are adjourned. The Court will hear urgent matters only, which include cases where there are immediate or financial repercussions if there is no judicial hearing. However, notwithstanding the widespread Court closure, our firm continues to function and to serve and address the needs of our clients.

The government has deemed our firm, and other law firms, as ‘essential services’. Our primary concern is the safety and well-being of our clients, staff, and community. As such, our physical office remains open, but for essential staff only, and on a very limited basis. The majority of our firm (our lawyers, clerks, assistants and other firm members) all continue to work and serve our clients remotely. We are able to access all of our files as we are largely paperless (in that documents are scanned in electronically).

Just as we are continuing to operate, so too are claims examiners, other lawyers, and mediators. We have the ability to conduct mediations via conferencing, and many mediators are offering this service. In fact, a lawyer at our firm conducted a remote mediation this week with great success and was able to resolve the claim.

Once the Courts re-open, the legal community will no doubt face a significant backlog in rescheduling. Similarly, examinations for discovery; mediation; and medical assessments that have been adjourned during this quarantine, will face a similar backlog. We are committed to ensuring that our clients’ claims are brought forward or rescheduled, and will work aggressively to execute this commitment.

This is an unsettling and frightening time for everyone. However the legal community has responded in a unified and positive way, and we have and will continue to work hard for our clients. If you are struggling, please reach out and we may be able to direct you to some community resources. If you have specific questions or concerns that relate to your claim, please do not hesitate to call or email our team.

This COVID-19 pandemic is constantly evolving. We continue to monitor the briefings of our local, provincial and federal officials and will provide updates on our social media platforms as necessary. Please follow the directions and guidance provided by the experts, and take good care of yourselves, and your families.