Say you’ve been injured in a car accident, you have a police report, and you’ve already spoken to a personal injury lawyer about your potential claim. What comes next? This period of time can be full of uncertainty and confusion, all of which is further exacerbated by the trials and tribulations of recovery.

Stages of Your Claim

1. Negotiating with the Defendant Insurance Company

Your role as the injured party: Be diligent with your medical treatments and send all documentation to your lawyer.

At the negotiation stage, your lawyer will want to review all your medical documentation in order to build your case against the Defendant’s insurance company.

This process can take years of evidence building while you try to recover. For example, your lawyer will want to see longstanding records from doctors, physiotherapists, massage therapists, etc. that support your claim that you are injured and entitled to compensation.

Once the evidence is reviewed and compiled, it is typical for the lawyer of the Plaintiff (the injured party) to send a settlement proposal to the insurance company. At this stage, the claim is sometimes finalized as the insurance company may counter or accept your offer to settle. In other instances, you may decide to retain an expert mediator or arbitrator to assist both sides in coming to terms of settlement. If negotiation and mediation/arbitration are unsuccessful, the claim continues to the next stage.

2. Proceeding to Litigation

Your role as the injured party: Prepare to be questioned by the Defence and review all materials.

If your claim is unable to settle in the first stage, you are likely to proceed to litigation. At this stage you may be questioned about your potential role in the accident/injury (legally this is referred to as contributory negligence), as well as your injuries and their severity.

Your lawyer cannot coach you for questioning but can prepare you and let you know what to expect. A good practise for the injured party is to review all legal materials to date, including settlement proposals, to refresh your memory prior to being questioned.

At this stage, you may also proceed to Court by way of application or for a litigation plan or Court direction.

3. Settlement

Your role as the injured party: Sit back, relax, and let the lawyer do some math.

Whether you have received confirmation of a settlement through stages 1 or 2, congratulations! The tough part is over. Finally, you can focus on recovery without financial stress. Your lawyer will soon obtain settlement funds that will be deposited into their trust account. There will be some closing paperwork to review and sign with the funds able to be distributed afterward.

The process of filing a personal injury claim can certainly seem arduous and emotionally taxing, but a good lawyer is there to support you through it.