How long does a personal injury lawsuit take in Ontario?
After an accident, your world is turned upside down. You may have lost a loved one or you may be in pain and unable to do some everyday tasks you once could. You probably have a million questions that need to be answered.
An Ontario personal injury lawyer can help answer any questions you may have that relate to Ontario accidents, personal injury, accident benefits, insurance claims, medical specialists, services available and more …
Most people who come to me as an Ontario personal injury lawyer want to know: how their case will proceed , how long it will take and what is the maximum compensation they are entitled to in Ontario.
There is no one answer to these questions but after reviewing all the facts in your case, an Ontario personal injury lawyer can best give you an idea of what course to take and what compensation you are entitled to.
What happens in an Ontario personal injury lawsuit?
Shortly after you hire an Ontario personal injury lawyer, they will notify the defendant (i.e. the person’s insurance company who you plan to sue) that you intend to file a claim.
Typically, the insurance company will try to negotiate directly with you and hope that an Ontario personal injury lawyer does not become involved.
The reason for this is that typically Ontario personal injury lawyers can negotiate a much much larger settlement amount in compensation.
They know how to develop a personal injury case to show not only what compensation you need now but what compensation you will need in 20 years from now, as the result of an accident.
If the insurance company does not offer you a reasonable amount, your Ontario personal injury lawyer will commence the lawsuit. This is done by filing a document called a “Statement of Claim” with the Court office and then serving the defendant with the Statement of Claim.
The insurance company generally have their own lawyers and will in turn file a “Statement of Defence”.
The Ontario personal injury lawyer and the representative for the insurance company then exchange documents and proceed to “examinations for discovery”.
At the examinations for discovery, each side is asked questions about the accident by the other party’s lawyer.
The best Ontario personal injury lawyers will arrange medical examinations for you. The insurance company is also entitled to have you seen by medical professionals it chooses, although there are limits on this right. This is not something you should be afraid of; don’t worry.
Your Ontario personal injury lawyer and the insurance company can offer settlement compensation at any point and your Ontario personal injury case can be resolved at any given moment. A lot of Ontario lawsuits are settled at a “mediation”.
A mediation in Ontario is an attempt to settle the case. The Ontario personal injury lawyer and the insurance company agree upon the mediator they want to reach a settlement amount in their personal injury case.
A few months before trial, there will also be a “pre-trial” meeting.
The pre-trial meeting is a venue, whereby an Ontario judge can offer input to the Ontario personal injury lawyer, as well as the lawyer for the insurance company. Typically, the Ontario judge will offer their opinions in regards to the strengths and weaknesses of the case.
Often times, cases settle at, or shortly after, the pre-trial meeting. Most Ontario personal injury lawsuits are settled before trial.
However, some lawsuit do not settle and you will be given a trial date. The unsuccessful party at trial can appeal the trial decision to the Court of Appeal for Ontario.
How long does a personal injury lawsuit in Ontario take to resolve?
The length of time it takes to resolve an Ontario personal injury lawsuit depends on many factors:
- How quickly you respond to your Ontario personal injury lawyer’s requests for information and documents;
- If the insurance company is cooperative;
- How long it takes for your doctors to provide a report as to what the long term implications of your personal injuries will be;
- How much time it takes to prepare and receive reports from doctors, other health professionals and other institutions;
- How long it takes for the defence lawyer to arrange various defence medical examinations: and
- How long it takes to obtain a trial date in Ontario. The sooner you commence your lawsuit, the better.
The most important thing you need to do after an accident is recover and rebuild. You will need help and support. Ask for help from friends and family. They are for you. Don’t worry about your Ontario personal injury lawsuit. Your Ontario personal injury lawyer will do that for you.
They will represent you and fight on your behalf to ensure that you get everything you need and are entitled to. These are some of the most difficult and stressful times of your life; focus on yourself, family , friends and recovery. By hiring one of the best Ontario personal injury lawyers, you can concentrate on your recovery.
Visit www.ottawainjury.ca for more information. David understands, he cares and he is here to help.
mobile (613) 978-9549 / (613) 237-4922 ext.203
Sadly, slip and fall accidents are a big part of our personal injury practice. Did you know that over half a million of serious slip and fall accidents requiring hospitalization occur in North America each year? Furthermore, of this number, over 300,000 are disabling personal injuries and over 20,000 are tragic fatalities. These are alarming statistics. What is so hard to understand is that most slip and fall accidents are avoidable. If people took more precautions, there would be fewer accidents and in turn fewer injuries.
Did you also know that slip and fall accidents are the leading cause of accidents in hotels, restaurants, and public buildings, since in the majority occur on flat and level surfaces. In addition, slip and fall accidents are the second leading cause of accidental death and disability after car accidents. Slip and fall accidents account for over 20,000 deaths per year in North America. Sixth six per cent of personal injury cases for people 65 years or older were a result of a slip and fall and over seventy five per cent of slip and fall deaths occur to people 65 years of age or older.
Accidents can happen any where and anytime. When a client meets with any of our personal injury lawyers to discuss their case, first and foremost we make sure that they are ok and that they are receiving the medical attention they need. Once that has been established , it’s important that we help our clients gather evidence that may be needed should they decide to persue a personal injury claim. For example, often times a police report, photos and witness names are often immediate pieces of evidence that can be gathered. Then a plan is put in place in order to maximize compensation for our clients personal injuries.
A slip and fall accident can be life-altering and must be handled properly. Please watch where you step !
Ontario Accident Benefits Lawyer, David Hollingsworth…
Obtaining a Ontario personal injury lawyer after an accident in Ontario is important to protect your rights and ensure you receive ALL the compensation you are entitled to. The province of Ontario has many time limitations when it comes to seeking compensation for personal injuries due to a motor vehicle accident and other Ontario accidents. Often times, just figuring out if you need a Ontario personal injury lawyer is your first concern after a Ontario a car accident, bicycle accident, motorcycle accident, or slip and fall accident.
When you have been involved in a Ontario accident and you would like to pursue applying for Ontario accident benefits compensation from your insurance company, you are responsible for notifying the insurer within a reasonable timeline, usually 7 days of the date of the Ontario accident. In some cases the personal injuries you suffer may be so serious that you are unable to apply for Ontario accident benefits within the 7 day grace period, in which case you must do it asap. Once the insurance company has sent the accident benefit forms you will then have 30 days from the point you receive the accident benefit application to return the forms back to your insurance company. If you fail to meet these timelines, don’t worry- all is not lost as long as there is a reasonable excuse for the forms being returned late.
Ontario Insurance Act
The Ontario Insurance Act states the following; when attempting to obtain compensation due to loss, damage from bodily personal injury or wrongful death arising from the use or operation of an automobile the plaintiff (injured party) must present written notice to start a lawsuit against the defendant within 120 days of the Ontario accident and a law suit can not be started after 2 years of the original claim .
Recovery after a traumatic personal injury can be a very complicated and stressful time and a top personal injury lawyer can help you through difficult times, helping you with medical reports, insurance adjusters and complicated insurance forms.