Recovering from a serious injury is only one part of the struggle. The financial and emotional toll can be just as heavy. At Bergeron Clifford, we help injured people pursue compensation so they can focus on healing while we handle the legal process.
Understanding the legal process helps you learn what to expect and how long a claim might take, depending on its complexity. Cases can take anywhere from a few months to several years to resolve. Our step-by-step guide explains the process and how we support our clients at every stage.
Immediate Care and Documentation After the Injury
It’s important that you see medical professionals right away. Their assessments and records not only support your recovery but also form essential evidence for your claim.
The moment the accident ensues, you will want to record as many details as possible. This is easier said than done, but it can help you in the long run:
- Take photos of your injuries, the accident scene, and any property damage.
- Collect names and contact information of nearby witnesses and anyone else involved.
- Track of all medical records, including symptoms, specialist reports and hospital visits.
Hardest Injuries to Prove
Some of the most complex injuries for our clients are also the hardest to prove in court. Unlike fractures or visible injuries, conditions like these require strong medical documentation and reports from specialists.
- Chronic pain: Often subjective and cannot be proven via medical tests like an X-ray.
- Soft tissue damage: Injuries are usually “invisible,” making it difficult to prove.
When to Call a Personal Injury Lawyer
Once your immediate medical needs are addressed, we encourage you to speak with us to explore your options. At Bergeron Clifford, we act quickly to make sure all evidence is preserved, such as:
- Police reports
- Footage of the accident
- Witness statements
At Bergeron Clifford, we offer a complimentary initial consultation or a live chat to discuss your options for filing a lawsuit.
What to Expect From a Consultation with Us
During a consultation, we review all the information you have and outline what additional evidence may strengthen your case. Together, we’ll look at:
- The status of the evidence you currently possess
- Additional proof to collect to improve your case
- Possible compensation you could receive
We’ll also explain each stage of the process, how long it may take, and what you can expect in terms of compensation.
Investigation and Evaluation of the Case
Our team begins by compiling the evidence you have and gathering what’s missing. Beyond police reports and witness statements, we often obtain medical assessments for future care and projected financial losses.
Upon collecting all of the evidence, we evaluate liability and whether the defendant should be held accountable for their negligence.
Average Compensation for Personal Injury
Every case is unique. Compensation depends on the severity of the injury, its impact on your daily life, and the care you’ll need going forward.
Damages fall into two main categories:
- General Damages: tangible financial losses, such as medical bills and lost work hours.
- Special Damages: pain, suffering, and other intangible impacts on your life.
Filing a Lawsuit in Ontario
At this stage, it’s critical to have us in your corner. We ensure documentation is submitted accurately and on time, while protecting your rights.
We will file a Statement of Claim, also known as a plaintiff’s claim. This is a legal document outlining the basis for a lawsuit, including the names of the parties involved as defendants.
- Claims under $35,000 are filed in Small Claims Court.
- Claims over $35,000 must be filed with the Ontario Superior Court of Justice.
The lawsuit must be filed within two years from the date of the accident or when you first become aware of the injuries or symptoms, as stipulated by the Ontario Limitations Act. Once the Statement of Claim is filed, litigation can begin.
The Defendant’s Response
Once the defendant receives the lawsuit, the Ontario Rules of Civil Procedure stipulate that they have 20 days to respond to the claim; otherwise, a default judgment will be entered in favour of the plaintiff. If the defendant wants to counterclaim, they must submit a Statement of Defence.
Discovery and Document Exchange
When the defendant responds with a counterclaim, the next step involves both parties exchanging documents and evidence. Discovery is often lengthy, and having experienced legal support is crucial. We ensure all relevant documents are collected, shared, and used effectively to strengthen your case.
Pre-Trial Steps and Possible Motions
If there is no resolution after discovery, the next step involves preparing for a trial. At Bergeron Clifford, we prepare every case with trial in mind, so you are always in the strongest position.
Pre-trial steps can include:
- Mediation: a confidential negotiation method led by a neutral mediator.
- Pre-trial Conference: a meeting with a judge to assess the case, which may lead to a settlement offer.
How Long Do Most Personal Injury Cases Take to Settle?
It’s natural to wonder how long your case may take. The answer depends on the severity of the injuries, the need for additional medical evaluations, cooperation from insurance companies, and how both parties approach negotiation. Some cases are resolved within months, while others may take years.
Settlement Negotiations
The majority of personal injury cases are resolved without trial, typically through direct negotiation or mediation. We advocate for our clients by sending a demand letter to the at-fault insurance company, outlining the accident, injuries, and supporting evidence.
Our role is to make sure that any settlement truly reflects the impact of your injuries and future needs.
Trial Proceedings
If there is no resolution or settlement, the final step is going to court.
Preparing for trial involves:
- Jury selection
- Witness testimony
- Full presentation of evidence
We handle everything from jury selection to presenting evidence and witness testimony. Throughout, we advocate for the full scope of your loss, encompassing financial, physical, and emotional aspects.
After the Verdict
After the trial, we can file an appeal or ensure you receive the compensation awarded. Most awards are not taxed, but it’s crucial to consult with your lawyer beforehand on reducing the taxable amount on your settlement. Compensation is then distributed, and your legal file is formally closed.
Final Thoughts
Personal injury lawsuits are complex, but you don’t have to face them alone. At Bergeron Clifford, we prepare every case for trial from the start, so you are always in the strongest position. If you’ve been seriously injured, contact us for a free consultation. We’re here to stand with you every step of the way.
