What To Know When Filing A Personal Injury Lawsuit?

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Numerous Canadians file personal injury claims each year after suffering injuries due to assault, medical malpractice, slip-and-fall incidents, motor vehicle accidents, and other causes. But injuries sustained in auto accidents account for most court cases.

You might wonder how a person who has been injured could have the time or energy to file a lawsuit. The truth is that these claims are quite valuable, and can be better handled by a top-notch automobile accident attorney on your side, thus making filing a lawsuit a rather simple process.

However, occasionally you may find that you are handling the lawsuit yourself. In that instance,  it is crucial to have complete knowledge about the personal injury lawsuit.

What Is a Personal Injury Claim?

A personal injury claim is essentially when you file a lawsuit to receive compensation for the harm that another individual did to you or a loved one. It involves a legal battle with a third party who may or may not be held accountable for your injuries.

Two primary questions sought in the personal injury lawsuit are –

  • First, determine who is to blame for the injuries.
  • Second, the extent of the losses incurred by the claimant.

Depending on the circumstances and the proof, whoever is determined to be at fault will have to pay the injured person’s medical bills and other related costs out of their insurance policy.

Damages Classified as Personal Injury

It can be challenging to estimate the overall cost of damages in a personal injury case. It is not as simple as adding up your medical expenditures on a calculator.

The following are all the expenses related to a personal injury that you might forget to add up:

  • Money lost as a result of being unable to work because of the injury
  • The price of upcoming medical procedures like rehabilitation and painkillers.
  • The price of bringing a lawsuit
  • The time-consuming process of filing a personal injury case
  • Property damage (in the event of a vehicle accident)

The Steps In A Personal Injury Lawsuit Filing

Filing a lawsuit may seem exhausting while you’re dealing with an accident and healing from it. However, the sooner you file a lawsuit, the better.

Everything you must do is listed below:

Search For A Personal Injury Attorney

The Alberta personal injury lawyers at MNHInjuryLawyers.com state that you must select a good, knowledgeable attorney who is familiar with the specifics of filing a personal injury lawsuit in your province, as laws differ everywhere.

Evaluate the claim

To do this, sit down with your attorney and carefully review your case to better understand how it has affected you. Make sure to provide your attorney access to all of your medical information, including your medical history and employment records.

Start A Previous Claim

Sometimes, the other party will offer a fair settlement before you submit a claim. Your attorney will be able to advise you on whether or not to accept it.

If no such proposal is made, you might proceed to making a formal claim. A “Statement of Claim,” which is essentially a formal document with all the facts, will be written by the attorney. For your case to succeed, this document is crucial.

Defense Statement

The offender may respond to your “Statement of Claim” with a “Statement of Defense.” It’s essentially a copy of their account of what happened, in which they could potentially deny any responsibility for your personal injuries.

Discoveries

You can start the discovery process if your claim is not resolved immediately. During this process, a witness for the other side will be open to questioning by both parties. This is done to make it easier for both parties to understand liability.

Mediation

Mediation may take place either after or before discovery. This is when you’re still attempting to settle disputes peacefully. Parties will occasionally agree with this alternative to avoid the anxiety and costs of a legal trial.

Trial

The case is scheduled for trial when mediation fails to resolve the situation. But the court first holds a settlement conference to attempt to settle the dispute. This is a detailed case survey before it goes for an actual trial.

A personal injury case should technically be filed right away. Depending on the law, various provinces may have varying deadlines. A person typically has two years to initiate a lawsuit.

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