If you have been injured by the wrongdoing or negligence of someone else, you may have grounds to bring a personal injury claim. Common cases involve, but are not limited to:
● Motor vehicle accidents;
● Premises liability (including slip and fall accidents);
● Medical malpractice;
● Wrongful death;
● Product liability; and
● Intentional torts (including assault).
Northern Law has extensive experience navigating the claims process and supporting clients during this challenging time. Our lawyers will advocate for your needs and work to secure fair compensation for your injuries and losses.
It is crucial to contact our firm promptly to determine your limitation period, which is the deadline by which you must commence your claim, as well as any notice requirements.
Step 1: Intake and Consultation
All new clients of Northern Law will undergo an intake process to collect information about you, the incident, your injury and the parties involved. You can complete an intake form or schedule a telephone appointment with a member of our team.
Next, you will have a consultation with one of our lawyers. During this meeting, the lawyer will determine the merits of your claim by having a detailed discussion about the facts of the incident, the injury you sustained and any losses you have incurred. This is also an opportunity for you to ask questions and learn more about Northern Law’s expertise. To become your legal representative, we will send you a Retainer Agreement to review and sign.
Step 2: Evidence Gathering
Building a strong case requires substantial evidence, especially for personal injury claims. This information is crucial for advancing your claim and maximizing your potential compensation. Every case is unique, but generally, some of the evidence that may be relevant includes:
● Your medical records;
● Witness statements;
● Incident reports;
● Photographs;
● Your employment record; and
● Your tax documents.
We recommend that you bring all relevant evidence to your consultation. Furthermore, evidence gathering is a continuous process, and we may request additional information as your case progresses. It is important to preserve and document all evidence relating to the incident and your injury.
Step 3: Notice Letter
Next, your lawyer will send a notice letter to the person(s) or entity responsible for your injury. We will ask that they contact their insurance company about the claim. This step is also a potential opportunity to initiate settlement discussions. Most cases are settled before Trial, as it can take years to litigate a personal injury claim. It is often in the best interests of both parties to settle and reduce the need for litigation. Some cases may be settled early on while others may require litigation. Settlement offers can be made at any time; your lawyer will advise you of any offers and can negotiate terms of settlement on your behalf.
Step 4: Exchange of Pleadings
To initiate a lawsuit, your lawyer will draft a Statement of Claim. This is a legal document that sets out the facts of the incident, the injury you sustained, who was responsible for causing your injury (the defendants), and the compensation sought.
Once the Statement of Claim is filed with the Court and served on the defendant(s), the defendant(s) will have a limited period of time to respond to your claim. To do so, they will need to file and serve a Statement of Defence, which sets out the facts from the defendants’ perspectives and, more often than not, denies legal responsibility for your injury. Your lawyer will determine whether a reply should be made to the Statement of Defence.
Step 5: Documentary Discovery
Discovery involves the exchange of evidence between all parties. Each party must prepare an Affidavit of Documents which lists all the evidence in their power, possession or control that is relevant to the matters at issue in the litigation. There are three sections in an Affidavit of Documents:
● Schedule A: Documents the party is producing.
● Schedule B: Documents the party is not producing because privilege is claimed (for example without prejudice communications, solicitor-client privilege, or litigation privilege).
● Schedule C: Documents that were formerly in the party’s possession, power or control but no longer are.
● Schedule D: In Simplified Procedure actions, the party must also list the names and addresses of persons who might reasonably be expected to have knowledge of the matters at issue.
Preparing an Affidavit of Documents can be time-consuming, especially for Plaintiffs in a personal injury claim. All relevant evidence must be collected, sufficiently described, and properly organized.
Step 6: Examinations for Discovery
The next step is oral examinations, where each party will be questioned under oath about the case. Your lawyer will examine the defendant(s) to gather information about the incident and their defence. Our team will ensure you are prepared for your examination and your lawyer will be present to object to any improper questions.
Step 7: Pre-Trial Conference
Provided a settlement has not been reached, the next step is a Pre-Trial conference. First, each party will file a Pre-Trial Conference Memorandum, which sets out the facts of the case, summarizes evidence and states the laws and precedents that will be relied upon at Trial to advance your position.
Next, the parties and their lawyers will meet with a judge about the case. The judge often offers opinions and discusses the strengths and weaknesses of each party’s position. A Pre-Trial conference is confidential and without prejudice, meaning any information shared or opinions given generally cannot be submitted as evidence in court. It is common for settlement offers to be made at this stage. If an agreement is not reached, a Trial will be scheduled.
Step 8: Mediation
Outside of Toronto, Ottawa and Windsor, mediation is optional in the Superior Court of Justice; however, it can often be worthwhile. A mediation is an informal meeting involving all parties and their lawyers, facilitated by a professional mediator. A mediator is a neutral third-party, who will help to identify issues and facilitate an open dialogue that promotes achieving a resolution. A mediator does not make a decision about the case; any agreement obtained in mediation is done so voluntarily. Similar to a Pre-Trial conference, mediations are confidential and without prejudice. One of the main benefits of mediation is time – many mediations are scheduled for a full day, whereas a Pre-Trial only provides approximately 45 minutes to resolve the dispute. Before attending mediation, all parties will file a Mediation Brief. This is similar to a Pre-Trial Memorandum. Mediation can occur at any time. Your lawyer may recommend mediation after a Pre-Trial conference or at an earlier time if they believe an early resolution can be achieved.
Step 9: Trial
This is the final step in a personal injury claim, assuming a settlement has not been reached. The Trial may be held before a judge or a jury; however, this cannot be the judge from the Pre-Trial conference. The parties will attend court and the lawyers will present evidence, call witnesses and make submissions about the case. Once completed, the judge or jury will decide the outcome of the case. While simple to broadly describe, a Trial is a very involved process and can take weeks or even months to complete.
At Northern Law, our lawyers are skilled at negotiating and litigating personal injury claims. We are able to help you at every stage of the process to ensure you receive fair compensation for your injuries. Contact us today at (705) 222-0111 or info@northernlaw.ca.