What Do I Need To Know
About Personal Injury Claims?

1. If you are suffering from the injuries sustained in your accident, then contact your family doctor immediately to schedule an appointment. It is important to keep your family doctor notified of your injuries and follow through on any medical recommendations such as physiotherapy, medications and other treatment. If you do not have a family doctor then seek treatment at the nearest walk-in medical clinic or the local emergency room.
2. Notify any disability insurer if you are unable to return to work. You can contact your disability insurer through your human resources department at work.
3. Take photographs of the area of the accident immediately. Be sure to take photographs of the injuries that you sustained at the time of the accident also. Once we have met with you, we may arrange to have a forensic engineer attend at the scene of the accident to do a liability assessment.
4. If it was a slip and fall or trip and fall accident then preserve the footwear that you were wearing at the time of the accident. Take pictures of the treads and do not wear the shoes again.
5. Gather the names and contact information of any witnesses to the accident, anyone that provided you with assistance and/or any other party that has discussed the accident with you or are familiar with the area of the accident.

OR

1. general damages for pain and suffering;
2. past and future income loss;
3. loss of competitive advantage in the marketplace;
4. future medical and rehabilitation expenses;
5. housekeeping and home maintenance services;
6. special damages which includes out-of-pocket expenses;
7. claims by family members.

1. Notice letter
   This is a letter that is sent out immediately to the person that caused your injuries. The letter advises the person about your potential claim and that they should notify their insurer about your claim.
   
   
2. Exchange of court documents
   Usually near the limitation date for your claim, a Statement of Claim is filed (issued) with the court and is then served personally on the person that caused your injuries in the accident. The insurance company for the party that injured you will then hire a lawyer and respond with a Statement of Defence.
   
   
3. Examinations for Discovery
   This is a significant step in your claim. An examination is where we have an opportunity to question, under oath, the person that caused your injuries. This is important for confirming the circumstances of the accident and establishing the basis for liability on the part of the person that we claim injured you. You will also be questioned by a lawyer on behalf of the insurance company for the person that injured you. At this examination you will be asked a wide range of questions including your current medical condition, details about the accident, the injuries you received, your pre-accident medical condition, treatments that you have received, the effect that the injuries have had on your work and your ability to carry out your usual activities of daily living including housekeeping, home maintenance and recreational activities.
   
   There are some questions that you may consider quite personal, that are asked at the examination. Most questions are fair game. One of our Personal Injury lawyers will be in attendance with you at the examination and if there is a question that we consider inappropriate then we will object and you will not have to answer unless instructed by us.
   
   
4. Fulfilling Undertakings
   After the examination, there will be a number of undertakings (promises to provide additional information to the other lawyer). It is important that the undertakings are completed as soon as possible following the examination and that the information requested be forwarded to the other side. The information requested includes additional medical information from health care providers you have seen including your medical records from before the accident, employment information and prior income tax information. Our Personal Injury team will follow up on the undertakings and advise you of the information that we will require from you.
   
   
5. Attendance at Defence Medical Examinations
   As part of the court process, the defence is entitled to have you attend their physicians for an assessment. The physician hired by the defence lawyer will then provide the defence lawyer with a medical legal report that will be used by the defence at trial. Depending on the injuries that you have sustained, you may have to attend upwards of three examinations. Before you attend at a defence medical appointment, it is important that you review with our Personal Injury lawyer so you will have some idea as to what to expect and prepare for the appointment. We will talk to you about keeping a written record of your visit noting the time you arrived, who you saw and for how long, how long was your overall assessment and some notes about the appointment and how you felt after the appointment. As with most defence medicals, do not expect the report to be helpful to your claim.
   
   
6. Attendance with our own medical experts
   Our Personal Injury lawyers will arrange to have you seen by experts selected by us to provide us with a medical legal opinion that will form part of our case at trial. Only medical experts will be permitted to provide an opinion at trial about your current condition, the cause of your injuries and the impact of those injuries on your life, now and in the future. The medical experts will be in addition to your own health care providers, including your family doctor and/or your primary treating physician.
   
   
7. Trial
   If your matter is not settled prior to this point, then we will proceed to trial on your behalf. Prior to reaching this stage our Personal Injury lawyer will provide you with a fair assessment of your file, the potential for success at trial and outline any options that are available to you. Our Personal Injury lawyers and our Personal Injury team are more than prepared to take any matter to court on behalf of our clients where we feel that our clients have not been provided with a fair offer to settle by the opposing insurance company and we consider the prospects for success at trial to be good.
8. For detailed information of the processes involved in a civil case, please visit the Ontario Ministry of the Attorney General.

1. details about the accident;
2. your current and pre-accident medical condition;
3. treatments that you have received to date and any that are scheduled;
4. current and past employment;
5. the impact of the injuries on your employment and your activities of dialing living, including around the home and recreational activities; and
6. photographic identification (i.e. copy of your driver’s licence).