Mediation is an alternative dispute resolution (ADR) that is used in a personal injury case to settle a range of disagreements including accident disputes. Personal injury lawsuits can be quite complex and take months or even years to settle. Furthermore, there is no guarantee that the injury victim (plaintiff) will be successful. In these types of cases, personal injury mediation can be a more cost-effective and efficient strategy for resolving any disagreements and reaching a settlement. (more…)
If you’ve sustained injuries in an accident in Ontario Province, you may find it necessary to contact a personal injury lawyer and file a lawsuit in order to prove that you deserve fair compensation for damages. The personal injury lawyer in Chatham that you choose to litigate your case in the courtroom can ensure that your rights are protected and that you are compensated fairly in the matter. The following are the 6 steps of a personal injury lawsuit that you should be familiar with.
Step #1: the Fact-finding stage – you’ll meet with an injury lawyer who will determine the cause of your injuries by gathering facts and information about the accident. You’ll want to bring all documents associated with your case such as the names of witnesses and their contact information as well as all medical records.
Step #2: the Pleading stage – in this stage your lawyer will file a statement of your personal injury claim, the defense’s statement, and a reply. The statement of claim explains how much compensation you feel you’re entitled to discusses the facts that entitle you to that amount.
Step #3: Mediation stage – in some cases, you may be required to attend a 3-hour (or take longer) mediation meeting. If you’re required to do so, your personal injury lawyer will choose a mediator whose pricing, style, and technique are best suited for your specific case.
Step #4: Discovery stage – during this stage, your lawyer and the defendant’s lawyer will exchange relevant documents. This might include employment records if you are filing for lost income, medical records, road maintenance records, vehicle repair records, and so on. Your personal injury lawyer will request these on your behalf.
Step #5: Trial Preparation stage – your lawyer will identify all witnesses in your case and interview each one in order to help you get prepared for your court trial. They will also try to determine if expert opinions will be needed and contact these individuals if it becomes necessary.
Step #6: Settlement Conference stage – the judge will be considering your case during this stage of the lawsuit. Your personal injury lawyer will schedule this, prepare his or her briefs, and be in attendance with you in order to present your case. Based on how the court responds to your case, your lawyer will be prepared to offer you the best possible advice. Once this is completed, your case goes into the courtroom. Though most lawyers try to settle the case out of court but if that does not work, taking the claim to trial is the only option. It is best to let your lawyer represent your rights.
Before January of 2015, a resident of Ontario that received long term disability (LTD) benefits had those funds taxed when filing his or her income tax returns. Today though, a ruling from the Canada Revenue Agency has changed the approach to taxing such benefits. (more…)
According to legal definitions, a tort claim is a claim for compensation (or damages) that an injury victim files against someone who, through their careless or negligent actions, has caused them emotional, financial, mental, and/or physical harm. In simpler terms, this is a claim that is filed against another person for accidentally injuring you and you are seeking compensation for the injuries that resulted. A personal injury claim is a form of tort claim. (more…)
Anyone that has been involved in an accident, and has suffered a loss as a result of that incident can walk into the local court and file a personal injury claim. That same claimant has the opportunity to hire an attorney. Of course the exact same claimant also has the right to proceed without a lawyer’s assistance and guidance. (more…)
A lawsuit that seeks compensation for loss of consortium enjoys the support of the legal system for 2 reasons. First, it provides a spouse and family with a way to recover from the fiscal loss suffered, following the death or long-term impairment of a severely injured parent/spouse. Second, it encourages workers’ participation in the laboring system. (more…)
The person that has filed a personal injury claim has suffered losses and injuries. Those have forced the injured victim to cover some unexpected expenses. All this has happened at a time when the victim’s ability to earn a living has been compromised. (more…)
One section of Ontario’s Insurance Act sent a clear message to the bus riders in that Province. Some riders referred to that message as the no crash, no cash rule. According to that rule, a bus rider could not collect any damages for injuries suffered during a ride, unless the rider’s bus collided with an automobile or other object. (more…)
Lawyers have lots of experience with carrying-out the tasks that are part of preparing for a trial. In fact, those members of the legal profession even have a term for the process that gets carried-out inside of a courtroom. Lawyers refer to that as the litigation process. (more…)