Home/Personal Injury Lawyer/How Does the Personal Injury Claims Process Work?

A personal injury lawsuit is a complicated matter that should be handled only by the most reputable of lawyers. They know how to handle sensitive or confidential information, argue your case the right way, and be there to act as a buffer so that you can recover.

Working with insurance companies or having medical staff hound you for bill payments can be frustrating while you’re recovering from a traumatic experience. That’s where a personal injury lawyer in Hamilton can shoulder some of the burden.

Wynperle Law can assist, whether you’re trying to manage your own personal injury claim or you just don’t know what to do if you pursue it.

two man in suits shaking hands

Consult a Good Lawyer

Do your research for a personal injury law firm in your area after you have received any urgent medical attention. Once you’ve chosen a law firm, consult them on the best way to handle your case.

Even if it’s a minor claim and you’re confident that you can handle it yourself, speak with an expert. They offer valuable legal advice. They can clarify any confusion you have about the law, how much you should aim for in compensation, and which tactics would be best to use when fighting for your rights.

Here are a few scenarios where you should speak to one or more lawyers when interviewing them for your case:

  • You have to take a leave of absence from your job for more than a few days
  • You break any bones
  • The total of your healthcare bills are more than a few thousand dollars

If this is your first time reaching out to a lawyer, consult this guide: How to Talk to a Personal Injury Lawyer.

Investigate and Review Medical Records

Now is the time for specifics. Your lawyer will interview you for the details of your case, including times, dates, and the series of events. Provide them with everything you can think of, even if you believe it’s inconsequential. It’s your lawyer’s duty to decide what is relevant and can help or harm your case. Answer their questions as much as you can and ask for their contact information in case you remember anything else.

Your lawyer will ask you for your medical records related to the injury or gather them from the medical professionals on your behalf. This process can take months, depending on the injuries sustained and the treatments provided. Law firms will also gather other relevant documents, including your employment file and OHIP summary.

At Wynperle Law, we will also ensure that you receive the proper treatments and resources to make your best recovery.

paramedic wrapping man’s wrist

Make Demands and Negotiate

Your lawyer will evaluate your case and decide whether or not it’s worth settling before filing the personal injury claim. If settling is better, your lawyer will make a demand to the other lawyer or the other party’s insurance company.

Note: An experienced lawyer will wait to make a demand until the plaintiff has reached full recovery and stopped receiving medical treatment to assess how much the case is worth. They will also wait for the plaintiff to be fully recovered before filing a lawsuit to avoid the jury from under-evaluating the case.

File the Personal Injury Claim

Your lawyer will start the formal claims process where they create a Statement of Claims that provides the facts of the case and the potential compensation you want to recuperate. The other party will file a Statement of Defence to respond to your personal injury claim.

If a settlement is not reached after the two statements have been filed, both parties are allowed to question a witness from the other party. This phase is called “discoveries” and allows both sides to calculate the damages, learn the specifics of the case from the other party’s perspective, and understand the weight of the liability. 

When a settlement still has not been reached after the discoveries phase, the parties must engage in mediation or go to trial. A typical personal injury case can take several years to go to trial. There will be a settlement conference once the case is set for trial, allowing room for the parties to resolve it before it goes to trial. 

This has been a general overview to provide an idea of what to expect from pursuing a personal injury case. 

upclose shot of clock

How Long Do Personal Injury Claims Take?

Personal injury claims can take between one to five years after hiring a lawyer. Each case depends on a myriad of factors, such as:

  • The severity of injuries
  • The amount of damages
  • Court schedules
  • Cooperation from the insurance company
  • Whether or not you choose to wait for a potentially better outcome 

Additionally, certain types of cases are more complex than others. When a case is straightforward, such as a rear-end collision, the general facts are known. Medical malpractice, for example, often involves discovery hearings where the prosecution and defence gather evidence to argue their case.

No matter how long it takes, Wynperle Law handles all types of personal injury cases to provide you with the best result. 

Hire an Experienced Personal Injury Lawyer

Whether you’ve been in a motor vehicle accident or experienced a slip-and-fall, Wynperle Law will provide you with a more clearer idea of how your case will be handled. 

Details, such as the contingency fee agreement, possible trial date, and additional medical care, will be discussed when you speak with a personal injury lawyer in Guelph.

By Published On: October 18th, 2021