Navigating the Claim Process: From Personal Injury to Settlement
Experiencing a personal injury can be physically and psychologically or emotionally devastating. Rest assured that you’re not alone in your quest to seek justice. With an experienced personal injury lawyer by your side, you can navigate the personal injury claims process, from your free initial meeting to a fair final settlement. Here are the steps to achieving a personal injury settlement in Ontario.
Immediate Steps After Your Injury
Seek Medical Attention
Immediate medical care after sustaining an injury protects your health and provides crucial documentation for your claim. It is also crucial that you continue to obtain treatment, truthfully report your progress to your health care providers and see all specialists that you’re referred to. We will obtain and review all your medical records, which are vital in demonstrating the extent and impact of your injuries.
Report the Incident
Tell the appropriate authorities about the incident. If your injury occurred in a car accident, notify the police and complete an accident report. Proper reporting creates an official record, which is crucial for your claim.
Document Everything
Collect as much information as possible related to the incident. Take photos of the scene, your injuries, and any property damage. Gather contact details from witnesses. Your thoroughness helps strengthen your position during negotiations or in court.
Starting the Injury Claim Process
Consult a Personal Injury Lawyer
While it’s possible to file a claim on your own, consulting a personal injury lawyer can provide you with a realistic assessment of your case, help gather necessary evidence, and ensure that you don’t miss any crucial steps or deadlines.
Attend the Initial Consultation
During your first meeting, the lawyer will assess your case, explain the legal process, and advise on the next steps. This consultation helps you understand the viability of your claim, get answers to your questions, and determine if the lawyer is a good fit.
File Your Claim
If necessary, your lawyer will file a formal claim with the at-fault individuals or companies. This claim outlines the nature of your injuries, the circumstances of the incident, and the compensation that you’re seeking. Filing a well-documented and timely claim can set the stage for a successful negotiation and settlement.
The Discovery Phase
Gather Evidence
During the discovery phase, both parties gather and exchange evidence, such as medical records, accident reports, and witness statements. Your lawyer will help compile and organize this information. You may also have to attend an examination, where the opposing lawyer will obtain your evidence regarding your pre- and post-accident health and activities.
Speak with Experts
In some cases, expert witnesses, such as medical professionals or accident reconstruction engineers, may be called upon to provide testimony. These experts offer detailed insights that help prove the legitimacy of your claim and the compensation you seek.
Negotiating a Settlement
Consider the Initial Offer
Insurance companies may present initial settlement offers, which are often lower than what you might be entitled to. Your lawyer will evaluate these offers and negotiate for a fairer amount.
Attempt Mediation
If negotiations stall, mediation may be used to reach a settlement without going to court. This involves an impartial mediator helping both parties discuss their differences and work towards a mutually acceptable agreement.
Accept the Settlement
Once a satisfactory offer is made, you can choose whether to accept it. Your lawyer will ensure that the settlement covers all your losses, which may include pain and suffering, reduced income potential and the cost of past and future medical treatments.
Going to Trial
Prepare for Court
If a settlement cannot be reached, your case may go to trial. Your lawyer will prepare for trial by gathering evidence, organizing witnesses, and building a strong case to present in court.
Attend Trial Proceedings
During the trial, both sides present evidence and arguments before a judge or jury. Your lawyer will advocate on your behalf to prove the extent of your damages.
Receive the Verdict and Compensation
After hearing all the evidence, the judge or jury will deliver a verdict. If the verdict is in your favour, you will be awarded compensation. The amount will be based on the impact of your injuries and the extent of your losses
Post-Settlement Considerations
Receive Funds
Once a settlement or court award is granted, your lawyer will ensure that the responsible party fully honours all terms.
Schedule a Personal Injury Consultation in Ontario
Navigating a personal injury claim can be overwhelming. At Miskin Law, we strive to make this complex process more manageable. With over 60 years of combined experience, we are ready to help you fight for the compensation you deserve. Contact our national injury law firm toll-free at 877-428-8000 for a complimentary personal injury consultation in Peterborough, Lindsay, or Oshawa, Ontario.