Steps in a Claim for Damages for Personal Injuries

No two cases are the same, and not all cases go through all steps, but the general steps in a claim for damages for personal injuries are set out below.

1. Initial Interview

   We meet with you and discuss the facts of your case in detail. At the end of our meeting, we will tell you what further information we need from you and will discuss how we may be able to help you.

2. Information and Documentation is Collected

   In any personal injury case, plenty of information needs to be gathered. We will obtain much of this information, such as police reports, hospital records, and doctor's reports. Other information must come from you or your family.

3. Discussions with Insurance Adjuster

   Normally, we will discuss your case with the insurance representatives on the other side to explore the possibility of early settlement, and facilitate the exchange of information. Some cases can be resolved through these discussions; others cannot.

4. Lawsuit is Started

   If a fair and reasonable settlement of your case cannot be negotiated, we will access the court process by issuing a Statement of Claim and serving it on the defendant(s). This does not necessarily mean that your case will go to trial as cases can settle at any point, but it does signal the start of the process that will ultimately lead to trial.

5. Documents are Exchanged

   In a lawsuit, both sides must provide the other with a sworn list of all documents relevant to the issues in the case. This is called an Affidavit of Documents. Copies of the documents are then exchanged if they have not already been exchanged by the time the affidavits are sworn.

6. Examination for Discovery

   Designed to facilitate settlement and allow both sides insight into the other side's case, Examination for Discovery is essentially an interview of you by the opposing lawyer. All of the questions and all of your answers are recorded, and you must swear to tell the truth before the examination begins. A lawyer from our office will be with you throughout your examination and will examine the defendants either before or after you are examined.

7. Mediation

   Mediation is an informal meeting of both sides with an impartial third person, the mediator, who tries to help both sides settle the case but who does not impose any decision or judgment on anyone. Mediation can take place at any time in the process, and not all cases are mediated. However, it is often an effective way of resolving cases.

8. Pre-Trial Conference

   Shortly before trial, the lawyers for all sides will be asked to meet with a judge in the judge's chambers, usually without clients present, to discuss the case and attempt to reach a settlement.

9. Trial

   Apart from any appeals, trial is the last step in the process. Depending on the complexity of the case and the city or town in which the trial will take place, it can take anywhere from a few months to a few years for a case to go from issuing a Statement of Claim to trial. The vast majority of cases settle before going to trial.