If you get hurt because of someone else’s negligence in Hamilton, Ontario, you may be able to file a personal injury claim. You can recover compensation for your pecuniary damages, such as medical expenses and lost income, as well as non-pecuniary damages, like pain and suffering.
Every personal injury case involves unique facts and circumstances, so there isn’t a single timeline that applies to all of them. However, most will go through certain stages that are worth understanding.
Read on to learn about the general timeline of a personal injury case in Ontario and how an experienced lawyer can help you.
Initial Consultation
Most personal injury lawyers in Ontario offer a free initial consultation. Even if you’re not sure whether you need a lawyer for your case, it’s often worth the time to set up a meeting. You won’t be under any obligation to hire the lawyer afterward if you don’t want to.
During your free consultation, you can receive some initial legal advice about your situation and what steps to take next. If you decide to hire a personal injury lawyer, they will likely explain their contingency fee arrangement. With a contingency fee, you only pay legal fees if your lawyer recovers compensation for you.
Investigation and Demand Letter
Once you’ve hired a lawyer, they will begin an investigation of your accident and injuries.
Your lawyer will:
- Gather evidence to support your claim
- Interview witnesses who saw the incident
- Review accident reports and police records
- Obtain medical records detailing your injuries
- Calculate your damages, including future expenses
- Consult experts if needed, such as medical specialists or accident reconstructionists
In many cases, your lawyer will start by making a claim with the at-fault party’s insurance company. When they have a clear understanding of liability and the value of your case, they may send a demand letter to the insurance company on your behalf. This letter outlines the circumstances of the accident, the amount of money you are seeking, and more.
Settlement Negotiations
It’s common for the insurance company to respond to the demand letter with a lower offer or to dispute certain aspects of your claim. Insurance companies aim to minimize payouts to protect their bottom line. They may employ various tactics to reduce the value of your claim.
Your lawyer will engage in negotiations with the insurance company to try to reach a fair settlement. This process can involve back-and-forth communication and may take some time.
During negotiations, your lawyer will:
- Advocate for your best interests
- Use the evidence gathered to support your claim
- Counter low offers with justified demands
Most personal injury cases are resolved at this stage through a settlement agreement. Accepting a settlement typically means you agree not to pursue further legal action related to the claim, so it’s important to ensure the offer adequately compensates you for your losses.
Filing a Personal Injury Lawsuit if Necessary
If a fair settlement cannot be reached through negotiations, your lawyer may advise filing a personal injury lawsuit. In Ontario, the Limitations Act generally provides a two-year limitation period from the date of the accident to commence a lawsuit. This means you must file a lawsuit within two years, or you may lose your right to pursue compensation.
Filing a lawsuit involves:
- Preparing a Statement of Claim, which sets out the details of your case and the compensation you’re seeking
- Filing the claim with the appropriate court
- Serving the claim on the defendant (the at-fault party)
Filing a lawsuit doesn’t necessarily mean the case will go to trial. Settlement negotiations can continue even after a lawsuit has been filed.
The Discovery Process
After a lawsuit is filed, the case enters the discovery phase. Discovery allows both parties to exchange information and gather evidence from each other.
In Ontario, discovery typically involves:
- Exchange of documents: Each side must provide relevant documents to the other party, such as medical records, financial statements, and accident reports
- Examinations for discovery: Similar to a deposition, lawyers question the opposing party under oath before trial
- Expert reports: Both sides may obtain expert opinions to support their case
The discovery process helps clarify the facts of the case and can reveal strengths and weaknesses in each side’s position. This information can facilitate settlement discussions or prepare the case for trial.
Mediation and Settlement Conferences
In Ontario, the court may require the parties to participate in mediation or a settlement conference before proceeding to trial.
These steps aim to resolve disputes without the need for a trial, saving time and resources for all involved:
- Mediation: A neutral third party helps facilitate negotiations between the parties in an effort to reach a settlement
- Settlement conference: A meeting with a judge who may provide input on the case and encourage the parties to settle
These steps might not result in a resolution in every case.
Going to Trial
If settlement efforts are unsuccessful, the case proceeds to trial. At trial, both sides present their evidence and arguments before a judge (and possibly a jury).
The trial process includes:
- Opening statements: Each lawyer outlines their case to the court
- Presentation of evidence: Witnesses testify, and documents and exhibits are presented
- Cross-examination: The opposing lawyer questions witnesses to challenge their testimony
- Closing arguments: Each lawyer summarizes their case and argues why the court should rule in their favor
- Judgment: The judge (or jury) decides whether the defendant is liable and, if so, how much compensation to award
Trials can be unpredictable, and the outcome depends on the evidence and legal arguments presented. An experienced lawyer can advocate on your behalf to seek a favorable result.
Collecting Your Compensation
If you win at trial or reach a settlement, the final step is to collect your compensation.
This step may involve:
- Receiving payment from the defendant or their insurance company
- Enforcing the judgment if the defendant fails to pay and your lawyer can take legal steps to enforce the judgment
Your lawyer can guide you through this process to ensure you receive the compensation you’re entitled to.
Contact an Experienced Ontario Personal Injury Lawyer for Help With Your Case
Navigating a personal injury claim can be complex and overwhelming. This is especially true when dealing with injuries and recovery. An experienced personal injury lawyer in Hamilton, ON, can guide you through each step of the process.
If you have questions about your rights or the timeline of a personal injury case, contact Findlay Personal Injury Lawyers at (905) 522-9799 for a free consultation. We can provide legal advice tailored to your situation and help you make informed decisions about your case.