When you retain my firm, certain steps need to be taken at the outset.  Those steps are as follows:

  • Formal written notice of your intention to proceed with a claim against the at-fault driver should be given to the owner, driver and their insurer within 120 days of the accident.
  • You must provide the at-fault driver’s insurance company with documentation to support of your claim.
  • Injured persons must apply for accident benefits and complete all of the application forms correctly.
  • You must commence a lawsuit within a two-year period from the date of the accident to preserve your rights to sue the at-fault driver. If you fail to commence the suit within this period you may be barred in law from continuing with the lawsuit.
  • Once a lawsuit is commenced, you will need to attend an examination for discovery which is where the lawyer for the at-fault party can ask you questions about the accident and your injuries.
  • There are provisions in the Insurance Act that require the parties to mediate the issues in dispute and to encourage early resolution.
  • If the matter cannot be resolved then the parties proceed to trial.