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Understanding Ontario Personal Injury Lawsuit Steps

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Understanding Ontario Personal Injury Lawsuit Steps

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

If you’ve been injured in an accident in Ontario, there are many steps you’ll need to follow if you plan to file a personal injury lawsuit.

Below you’ll learn about what to expect after your accident and how to move forward with your suit.

Receiving Compensation After Your Accident

After an accident in Ontario, filing a lawsuit is sometimes necessary to prove to the insurance company that you intend to do everything you can to receive fair compensation for your injuries. It’s best to work with an experienced personal injury lawyer who can guide you through the legal process. A lawyer will ensure that you get as much compensation as you are entitled to.

Step 1: Fact Finding and Research

During the fact finding stage, you’ll meet with your lawyer who will gather facts about the accident and find out exactly how your injuries were acquired. Bring any documents you have regarding your case, including medical records and the names and contact information for any witnesses. Your lawyer will help you find claims that apply to your situation.

Step 2: Pleadings

The pleadings stage includes filing a statement of claim, a statement of defense, and a reply.

The Statement of Claim is written by your lawyer. It explains how much you are claiming for your accident and discusses specific facts that entitle you to the claim. Once this is sent to the other party, their insurance company will respond with a statement of defense. Your lawyer will then review the facts they provide and discuss with you the best way to proceed. Your lawyer may also respond with a final pleading in reply to factual contentions the defendant has made.

Step 3: Mediation

In some locations, all sides are required to be part of a 3 hour mediation (though they can sometimes last longer). If this applies to you, your lawyer will choose an Ontario mediator whose style, technique and pricing is best for your case. Your lawyer will also work with the opposing counsel to make sure the mediator is acceptable to all parties, and schedule your mediation.

Your lawyer will then draw up a mediation brief and present it to the other lawyer and the mediator. This document will tell the story of your case through medical records, police reports, witness statements and additional significant evidence.

Your lawyer will also help you prepare for mediation and attend the meeting with you, helping you to negotiate an agreeable and fair resolution to the case.

Step 4: Discovery

During the discovery step, relevant documents are exchanged between both sides. Important documents usually include road maintenance records, medical records, vehicle repair records, and employment records if you are claiming loss of income. Your lawyer will typically request these documents for you.

After this, an examination will happen where each party is questioned under oath by the other party’s lawyer while a court reporter creates a transcript. There is no judge present during examinations. If you don’t know the answer to a question, it can sometimes be answered in writing, which is known as an undertaking.

Step 5: Trial Preparation

To help you prepare for trial, your lawyer will identify and interview any witnesses, determine whether expert opinions could help your case and contact experts if necessary, and gather any additional facts that might be needed.

Step 6: Settlement Conference

During the settlement conference, a judge will consider your case. Your lawyer will schedule the conference, prepare briefs, and attend the settlement conference with you, where he or she will present your case. After this conference, your lawyer will be able to offer you advice based on the court’s response to your case.

After this, your case will go to trial. It’s important to keep in mind that many of the steps above will overlap and may be interrupted by motions that deal with small issues, such as a party needing to present a document to the other side.

Some motions address more significant issues and can sometimes fully resolve your case at any point. As long as you communicate with your lawyer throughout the process, you should know what to expect.

Now that you’ve learned about the steps in a personal injury lawsuit, find out more by downloading our free personal injury recovery kit, or contact us for a free consultation.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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