How to File a Personal Injury Claim in Ontario

There are several important steps in pursuing a personal injury claim in Ontario. Firstly, if you have been injured (ie. in a car accident or slip and fall), you should, of course, seek medical attention for your injuries.

If possible, you or someone you know should take pictures of the scene and gather any witness information. A personal injury lawyer should then be contacted to determine if you have a viable case. Once you retain a lawyer the following steps will occur:

Notice Letters

The first formal legal step will be sending a notice letter to the at-fault parties. This will be done by your personal injury lawyer. For example, in a car accident, the notice letter would be sent to the at-fault driver, along with their insurance company.

In a slip and fall incident, the notice letter would be sent to the property owner, property manager, and/or winter maintenance contractor responsible for the area. It is important to retain a personal injury lawyer shortly after sustaining an injury so appropriate notice can be provided.

In Ontario, there is a 60-day limitation period to provide notice in slip and fall claims involving snow and ice.  In all cases, it is best practice to provide notice as soon as possible.

Gathering Documentation on your Personal Injury Claim

The next step will involve gathering documents to provide evidence of your injuries, your expenses and how the impairments have impacted your life. Your lawyer will gather all sorts of documents, including clinical notes and records, tax returns, employment files, police reports, witness statements, etc, to help prove your case. This process can take several months, depending on the speed of the third parties providing the documentation.

Pleadings

A Statement of Claim will be filed on your behalf to officially begin the lawsuit. This document is prepared by your lawyer and served on the at-fault parties.

The Statement of Claim includes the names of all parties, the amount of compensation you are claiming, how the accident occurred, why the at-fault party is negligent and the specific facts that support your entitlement to compensation for the damages you suffered. The other side will then deliver a Statement of Defence.

Discovery

After the Statement of Claim is filed, the Discovery process is next. During discovery, your lawyer and the defence lawyer will have the chance to exchange documents and other evidence relevant to your claim.

Once the documentary evidence has been exchanged, an oral examination will happen where the opposing party questions each party. Oral examinations are conducted under oath and transcribed by a court reporter, but no judge is present. Your lawyer will prepare you for this examination.

You will probably be questioned for three to seven hours, depending on the facts of the case. Your lawyer will be there to support you throughout this time. You may request a break whenever you need it throughout the discovery.

Attempting to settle at Mediation

After Discovery, mediation is usually the next step in litigation. In Ontario, mediation is mandatory in Toronto, Ottawa, and Windsor.  However, even in non-mandatory jurisdictions, mediations are quite common.

A mediation is an out-of-court settlement meeting that the parties and their lawyers attend with an independent mediator chosen by both parties. The mediator is completely neutral.

The mediator does not decide which side is ‘correct’. His or her job is to try to bridge the gap between the parties in the hope of resolving the case. Both sides will exchange settlement offers throughout the day.

A mediation is confidential and private; nothing that any party says at the mediation can be used against them at a later date or at trial. This is to encourage an open dialogue and honest settlement discussions.

Pre-Trial

If a case is not settled at the mediation, the next stage is a Pre-Trial. This is where the parties and their lawyers meet privately with a judge. The judge may provide an opinion regarding the value of the damages and who is liable.

The parties may exchange settlement offers. If a settlement is not reached, the parties may proceed to discuss trial management issues such as the date of trial, the expected duration and which witnesses will testify at the trial. 

Your personal injury claim goes to trial

The trial is the final stage of the lawsuit. This is where the parties go to court, give evidence and call witnesses. Some cases require a jury, whereas some trials are judge-alone; it depends on the facts of the case and the amount of the quantum being claimed in damages.

After all of the evidence has been tendered and submissions made, the judge or jury will decide who was at fault and how much the plaintiff is awarded in damages.

As seen above, there are many key steps in the litigation process. It is also possible for your lawyer to achieve a settlement with the other side in between the formal steps listed above (i.e. before the Discovery, shortly after the mediation, before the pre-trial, etc.).

Call Preszler Injury Lawyers if you’ve been injured in a personal injury claim in Ontario

Retaining a personal injury lawyer after sustaining a personal injury is crucial so they can guide you through the litigation process and achieve a fair settlement or trial result.