Legal Process for Personal Injuries
The legal process can take a long time, but I will work hard to move your case forward as quickly as possible and will keep you informed every step of the way. You are in complete control of the process and you can stop your lawsuit at any time. There are also stages when your lawsuit can reach a settlement.
Before starting a civil lawsuit, you need to be aware of the time limits concerning your particular case. If you wait too long to take action, you may not be able to sue the party who wronged you.
There are seven basic stages to a civil lawsuit:
1. Interview
The interview is simply a meeting between you (and anyone you wish to bring with you), me and other members of my team. Together we will collect the information we need to begin pursuing your rights. My aim is to help you, so I will be asking you questions about your:
Please bring all the notes and documents you have to the interview – for example, expense receipts and accident and insurance reports. This will help me give you the best advice possible.
I will also ask you to sign documents which allow me and my team to write to your employers, healthcare providers, government and other agencies for more information. This is all vital in getting you the compensation you deserve, and your details will always be kept strictly confidential.
2. Document Gathering
The next step is to gather as many documents as possible concerning your case. This will provide evidence of your injuries, any expenses you have incurred, how your work or family life has suffered, and any other ways you have been wronged.
Some of the documents I will need to gather include:
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Clinical notes and records of all your doctors, physiotherapists, chiropractors, and any other healthcare providers
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Your tax returns
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Your employment file
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The police report
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Witness statements
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Any other information that will help me achieve a successful result for you
Because a large number of people have to be contacted in order to get these documents, this step is time consuming and can take several months.
3. Pleading
To begin your lawsuit, I will present a Pleading (Statement of Claim) to the Court on your behalf. This is a legal statement, setting out the position of the plaintiff (you, and perhaps your family) against the defendants (the people who wronged you).
In the Pleading, you will:
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Name all the parties who you say have injured you
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Name all the parties who you say deserve compensation because of the injury. These could include your family members for their loss of care, guidance and companionship.
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Make a claim based on your pain and suffering, loss of quality of life, any wage loss and out-of-pocket expenses.
Your Pleading will then be filed with the Court at a cost of $181. It must be handed personally to every defendant. This will be done by a process server at a cost of around $100 per defendant.
Every defendant named in your Pleading has twenty days to respond. Most of them will hire a lawyer, who will ask that the deadline be extended for a period up to six months so they have time to provide a defence. If the defendant does nothing at all within the twenty days, you can obtain a judgment against them immediately - but that happens very rarely.
4. Oral And Document Discovery
The next step is to present to the defendants all the relevant documents we have document discovery. In an Affidavit of Documents, you will swear that you have listed all the documents that are relevant and in your possession. If further documents become available, they can be added to a Supplementary Affidavit of Documents.
Once the defendants have your Affidavit of Documents, you can ask for their affidavit in return. This will ensure you have all of their relevant documents.
After this exchange has taken place, the next step is oral discovery (or testimony). You will be questioned by the lawyers for the defendants, and each defendant will be questioned by me.
The questions are based on the documents provided and the statements in your Pleading. At the discovery, you will be asked to produce additional documents that the defendants’ lawyers feel are relevant to the case. These are called Undertakings. I can also ask the defendants for additional documents.
You will probably be questioned for three to seven hours, depending on how many lawyers are involved and how complicated the facts are. I will be there to advise and support you throughout this time, and you may take a break whenever you need it.
The oral and document discovery process takes an average of twelve to eighteen months.
5. Undertaking
The documents that you promised (under oath) to give to the other parties at your oral discovery must be searched out and produced. If we cannot produce them, we must prove that we have done our best to find them.
As this step often involves finding records and documents from some time ago, it can take six to twelve months.
6. Pre-Trial
Your case is now ready for trial. To request a trial date, I will file a Trial Record with the Court at a cost of $351. I will then attend Assignment Court two months later so the trial date can be set. The trial usually takes place approximately twelve months after Assignment Court.
A Pre-Trial will take place approximately three to twelve months before the trial. This is a meeting between the lawyers involved in the case and a Pre-Trial Judge who is selected at random. Each party files a document with their theory of the case, plus any additional documents, and these are reviewed by the judge.
The judge and the lawyers then discuss the strengths and weaknesses of each party’s position. The judge will often give her or his opinion, which can be helpful in resolving the case.
7. Trial
Trials are rare in civil lawsuits, and only about 10 to 15 per cent of cases reach this stage. They are also very expensive.
Most cases are settled before they get to trial. However, I am an experienced trial lawyer, and should your case reach this stage, I am confident I can get you the compensation you deserve.
I will present all your evidence and call your doctors, employer, and other parties as witnesses. You will also have to testify, along with family members and friends.
Trials generally last seven to fourteen days, with a decision made by a jury at the end of the case. If your case is heard by a judge alone, they will send their decision to you in writing.
Settlement
Cases can be settled at any time, but settlement usually takes place after the Oral and Document Discovery stage, or after the Pre-Trial stage when the judge has given his or her opinion.
Cases can also be settled at a private mediation. This is a voluntary process that all parties agree to attend. Each party discusses their view of the case, and you will have an opportunity to talk about your injury and how it has affected your life.
Successful mediations often end with a cash settlement paid to you by the defendants, and I will be able to advise you and negotiate the best deal possible on your behalf.
Mediation has many advantages. It is:
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Voluntary - you can end the mediation at any time
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Confidential – nothing you (or the other parties) say in a mediation can be used against you later on, for example at trial
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Quicker than a trial – mediations can be over in days, while cases take years to get to court
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Less expensive than a trial
Stopping your lawsuit
You can stop your lawsuit at any time. Any expenses incurred will be your responsibility, but you may be able to recover them from the defendants.
Time limits
The law in Ontario places a number of restrictions on when you can start a lawsuit. Some of these timelines are fairly short, but there are always exceptions to the rules. I will be able to advise you on your particular situation.
Time restrictions include:
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Motor vehicle accident
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Inform defendants within 120 days, in writing, of intent to sue
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Sue at-fault driver within two years of accident
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Inform accident benefits insurer of accident within seven days
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Complete accident benefits application within 30 days
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Sue accident benefits insurer within 2 years of a denial of benefits
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Fall on City property
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Report accident to City, in writing, within seven days
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Start lawsuit within two years of accident
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Cases involving Provincial Government
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Cases involving healthcare providers and hospitals
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Cases against public authorities, eg police
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Victims of assault
- Start lawsuit within two years of assault
- Victims of sexual assault
- Start lawsuit within two years with many exceptions
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