Thought Leadership, Personal Injury Law

Steps in a Typical Personal Injury Case

Author(s): Sarah A. Naiman

September 25, 2024


While every personal injury case is different, most personal injury cases will have 6 major steps. The first is the assessment of your matter, then, commencing a claim, examinations for discovery, attending a mediation, pre-trial, and trial.

1. Assessing your matter

So, after we receive an initial call, the first step is for us to gather information.

If we believe this is a claim that can be settled at an early stage, we’ll commence settlement negotiations with the insurance company.

2. Commencing a claim

In the event that’s not something that we believe is appropriate for the case, we’ll then issue a lawsuit before the two-year period

3. Discovery

Once the statement of claim is issued, we’ll then get a statement of defense and possibly a jury notice from the defense, we’ll then schedule examinations for discovery. That’s when you’re asked questions about your claim.

4. Mediation

After examinations for discovery, it’s usually typical to have a mediation.

5. Pre-trial & Trial

If mediation is not successful, then your lawyer will set your matter down for trial – that will trigger a pre-trial being booked and trial dates being set.

Conclusion

It’s important to remember that settlement negotiations can happen at any stage of the file. It’s very common to have settlement discussions throughout the entirety of the file, all the way up to and including the eve of the trial. Let Thomson Rogers LLP help you every step of the way.

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