During your initial consultation, we will ask you about the accident, the injuries you sustained, and how these injuries have affected your life, in order to get an overview of your case. We will also explain the claims process to you and answer any questions you have.
We will discuss your care with you so that we can help ensure that you are getting the treatment you need to help you recover from your injuries.
Following the initial consultation, we will gather the evidence we need to prove your case. We will collect information about the accident circumstances, medical and treatment records, employment records, tax return and other financial information, receipts for out of pocket expenses, and any other evidence that will support your claim.
We may also ask your treatment providers and other experts for their opinions about the nature and extent of your injuries and how your injuries have impacted your employment, your ability to do household chores and your recreational and social activities. Why? Because we need to prove all aspects of your claim to ensure we get you the compensation you deserve.
Some cases settle quickly without the need for litigation, but most take a lot longer. A Statement of Claim must be filed at the Court within 2 years from the date of the accident or the incident that caused you injury. Once filed, the Statement of Claim must be served on all defendants within one year. If settlement cannot be reached, litigation continues by demanding and receiving a Statement of Defense from each defendant, and then each party, including you, must serve an Affidavit of Records on every other party, which lists all records each party will be relying on to prove their case.
After each party has exchanged their Affidavits of Records, then every party is questioned under oath by the other party’s lawyer. You will be questioned about the circumstances of the accident, how the accident has affected your life, the injuries you have suffered, any damages and losses that you have endured, and any future needs you may have.
As few matters actually go to trial, the Questioning process is very important because unless there is a trial, the Questioning process is the only part of the pre-trial litigation process where a witness’ evidence is tested under oath.
We will thoroughly prepare you for this important process. At cassidyHEA injury law we have literally done thousands of questionings over our careers.
Settlement negotiations can and do take place at any stage during the pre-litigation and litigation process. If your claim cannot be settled, it will go to trial. Less than 1% of all personal injury lawsuits go to trial.
For most clients, this will be the most stressful part of the litigation process. Though almost all cases are settled before trial, some cases do go to trial. If we cannot get you fair and reasonable compensation through settlement negotiations, then our only choice is to go to trial to convince a trial judge what you claim is worth. If your claim must go to trial, we will be ready for trial and we will present your case in as convincing a manner as possible using all of the witnesses we will need to prove all aspects of your claim.
If you have any questions about the litigation process, please call us at cassidyHEA injury law at 403-777-1099.