Steps To Win

STEP 1: Investigation and Assessment

We begin with a free discussion of your case and review your information to assess whether we should move forward. If we need more information, we can tap into public sources like police reports, or conduct our own investigation. If we conclude we can’t help you, there will be no charge for any of the work that was done.

STEP 2: Notice

We write to the person responsible for your injuries informing them of our intention to make a claim on your behalf. This results in two things:

• Interest starts to run on your claim from the date notice is given (motor vehicle cases);
• Usually, if there is insurance to cover your claim, the insurer will begin its investigation and set aside money to pay your claim.

STEP 3: Informal Disclosure

We will request copies of the documents we need in order to prove your claim, including medical records (pre-accident and post-accident). If you’re making a claim for income loss, employment records and tax records are needed. Copies of the records are provided to the insurance adjuster or other lawyer to assist him/her in evaluating your claim. We may arrange for you to provide a statement to the insurance adjuster if we believe it will help your case.

STEP 4: Settlement Discussion

If and when it is in your best interests, we will discuss your case with the insurance adjuster to try and settle your case directly with the insurance company without starting a lawsuit. The case cannot be settled until your medical condition and prognosis are known. It can take time for you to reach your maximal medical recovery and for all medical investigations to be completed so that your doctors can give us a final medical opinion. A decision is made whether to settle your case at this time or to go on to the next step.

STEP 5: Lawsuit

If the case cannot be settled directly with the insurance company in a reasonable time, we will issue a Statement of Claim in the Superior Court. This is the start of the actual lawsuit. It contains a brief written summary of the facts of your claim and a copy is “served” or delivered to the “defendant” (person responsible for your injuries) personally. The defendant’s insurance company will appoint, instruct and pay for a lawyer to defend the claim. The defendant’s lawyer will deliver a Statement of Defence, which sets out the allegations which the defendant will try to prove if the case should proceed to court.

STEP 6: Formal Disclosure

First we make sure we have disclosed all relevant documents and records and list them in a document called an Affidavit of Documents. You may then have to participate in the second aspect of disclosure, which is called Examination for Discovery. In this process, we will question the defendant about the case and the defendant’s lawyer has an opportunity to ask you questions about the case. We will spend whatever time is necessary with you to ensure that you are prepared for this process.

STEP 7: Resolution

After disclosure is complete, the case is set down for trial. Your case will be resolved either by a judge and jury at trial or by settlement with the other side. Approximately 95 percent of lawsuits are settled before trial.

Another good opportunity for settlement before trial is a Pre-trial Conference where the lawyers, and sometimes the plaintiff and defendant themselves, will meet with a judge to discuss the case. The judge will usually try to give an independent opinion about the case, which often helps the parties to make their own decision about settling the case.

In those rare cases where no settlement can be reached, we will take your case to trial to get you the compensation you deserve. This can be a frightening process for you, but we have done it many times and will guide you through it. We don’t take a case to trial unless we are confident we can win.