The Ultimate Guide to Filing a Personal Injury Lawsuit

Accident of cars on the highway

Imagine sustaining a life-altering injury in an accident that wasn’t even your fault. Accidents due to someone else’s negligence can land you amidst hefty medical bills and even lead to a loss of employment.

If such was the case with someone you know or want to be prepared for the future, there’s a solution. While you can’t change what happened, you can always file a personal injury lawsuit. Here’s how a personal injury lawyer can help you.

Hire a Lawyer

The first thing to do, without any doubt, is to hire an experienced personal injury lawyer. Hiring a good personal injury lawyer here is crucial for the success of your case. Make sure you do your homework, read reviews online, and see how successful they were previously.

If you have a reputable firm in mind, great; otherwise, instantly get in touch with Nanda & Associate Lawyers.

Assess Your Claim

The first thing a good lawyer will do is assess your claim, which consists of questions related to finances. How much compensation do you wish to receive? The answer to this question is not as easy as one might think since several factors are considered.

The amount you ask for should be backed by valid reasoning, such as the liabilities on you, costs related to injuries, the money you’re losing by not working, etc.

File a Lawsuit

Once you have all your claims aligned and valid reasons for your compensation, it’s time to file your lawsuit. Keep in mind that the lawsuit must begin within 2 years of the date of the incident/injury/accident. This is the limitation period of a personal injury lawsuit. If you decide to file a lawsuit after this period, you lose your right to sue.

Motions

Motions typically occur throughout the case as they’re used to satisfy certain procedural requirements or to acquire necessary information, such as cell phone records, police records, CCTV footage, etc.

Affidavit of Documents

Both the defendant and plaintiff must deliver an Affidavit of Documents that lists all the documents within the party’s possession, power, or control. This list includes all the documents that both parties are unwilling or willing to produce.

Examination for Discovery

This is where the insurance company’s lawyer begins the process of fact-finding by asking you questions under oath. This includes everything from your life before the incident, your financial situation previously, how the incident changed your life, etc.

 Picture of personal injury document next to a hammerIn return, your lawyer asks questions about the injury.

Mediation

Also known as settlement, mediation is an essential part of every personal injury case where parties try to resolve the matter outside the court. This is a mandatory step in the jurisdictions of Windsor, Ottawa, and Toronto. If this goes unsuccessful, then a trial date is provided.

What Happens Next?

If the mediation is unsuccessful and the case is submitted for a trial, things can turn out either way since it all depends on the technicalities of the case. However, if your lawyer builds a foolproof case with minimum to no loopholes, there are high chances of success.

That’s why it’s crucial to hire experienced personal injury lawyers from reputable law firms, such as Nanda & Associate Lawyers. We are a Mississauga-based law firm that provides an extensive range of legal services across Canada. One of our expert fields includes personal injury lawyers.

 

Don’t risk losing your case, and get in touch with us today.

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