Following an accident which left you injured in the province of Ontario, you will find yourself in a position in which it is necessary to file a personal injury lawsuit in order to receive compensation from the at fault party. The process toward achieving this goal can be complicated and frustrating, so in order to help you grasp a better understanding of the steps leading up to your goal, we have put together this guide.
How To Receive Compensation In The Aftermath of The Accident
Insurance companies are, unfortunately, a business which is why they will oftentimes do everything within their power to withhold payments and deny claims. Because of this, it is sometimes a necessity to file a lawsuit after an accident, and use it as a way to prove to your insurance company how serious you are about receiving an amount of compensation that is fair in regards to your sustained injuries.
Since this step is so vital to achieving your goal, it is within your own best interest to hire an experienced personal injury lawyer in Chatham who will be capable of supporting you throughout the legal matters of this process by keeping track of deadlines, taking over correspondences, and answering all your questions which may arise. Additionally, they will also be the only party fully on your side in this legal battle and push toward obtaining the highest compensation possible for you.
#1: Obtaining the Facts and Doing the Research
The first stage, also referred to as the fact-finding stage, will require you to meet with your lawyer in order to gather the facts surrounding the accidents and the series of events which led to you sustaining the injuries you seek compensation for.
For this meeting with your lawyer, you will need all the documents you have obtained which are connected to the case, in addition to your medical records, and the contact information of any and all witnesses which you should have obtained while you were still at the scene of the accident. Once all of this has been brought together, your lawyer will be able to determine which types of claims are applicable to the unique circumstances of your case.
#2: Filing A Statement of Claim, Defense, And A Reply
Also referred to as the pleadings stage, this stage requires you to file a statement of claim. It will discuss the amount you need to claim as compensation and provide the evidences. It will be sent to the defendant and their insurance service will reply with a statement of defense. Your lawyer will then work upon a letter to demand the said amount as claim. Usually, such claims are settled out of court with the help of negotiations and mediation between the afflicted parties.