Home » What are the Stages of a Personal Injury Case?

When you suffer injury through the negligent or reckless actions of someone else, you deserve justice and fair compensation. Whether you were bitten by a dog, hit by a car, slipped and fell at a local store, or became severely ill after dining at a restaurant, you need an experienced team of personal injury lawyers to serve as your advocates.

At Chadi & Company, we have the skill, experience, and knowledge to guide you through every stage of your personal injury case and help you achieve the best possible outcome. Those stages include the following:

personal injury case stages image

Building your case

If you’ve suffered an injury, the first step is to seek medical attention immediately to get the health care you need and to validate your personal injury with expert medical documentation. Also essential are obtaining police and accident reports to help establish the basic facts regarding your accident and injury. If you are able to do so, collect and preserve any evidence pertaining to the accident. Also document any lost wages you may have incurred due to your personal injury. Finally, retain all medical bills associated with your injury.

Filing a statement of claim

After your personal injury lawyer reviews all the evidence, he or she initiates a lawsuit by filing a Statement of Claim with the court. The Statement of Claim provides the Defendant(s) with notice of the claim and its basis. It also contains a broad incident description and the details of the injuries you suffered.

The Statement of Claim identifies the names of all the parties involved, including you, as the injured party, known as the plaintiff, as well as the defendant(s). For example, in a car accident, that would include the driver of the car that hit you and the owner of the car, if they are not one and the same person, as well as any allegations of negligence by the defendant(s) that caused your personal injury.

Statement of Defence

The defendant in the case issues a Statement of Defence in response to your Statement of Claim. This document presents the argument of the defendant, i.e., why they are not liable in any way and why no compensation is owed. The defendant can also choose to file a counterclaim at this point.

Mediation

Mediation is when those parties involved in a personal injury dispute sit down with a mediator and attempt to come to a mutually satisfying solution – often a settlement – rather than seeking redress in court. In Alberta, participating in some form of Judicial Dispute Resolution, such as mediation, is required.

Discovery

If the mediation process is not successful, the next stage will be the development of a Discovery Plan by both lawyers, which sets out discovery process timelines and sets the stage for the following:

  • Submitting an Affidavit of documents, which is a list of relevant documents to which both sides of the dispute will have access.
  • Performing an examination for discovery in which lawyers from both sides meet with the other party to ask pertinent questions.

Preparing for trial

After discovery, lawyers on both sides ask for the matter to be placed on the trial list. This does not mean, however, that the case will necessarily go to trial. Instead, during a pre-trial conference, the judge will attempt to find a resolution after listening to the positions of both parties. If this does not work, the case heads to trial.

The trial

When everything else fails, including mediation and the pre-trial conference, the case goes to trial.

Contact us for skilled legal guidance

If you suffered harm because of the negligent or reckless behavior of another person or entity, the skilled legal team at Chadi & Company can help. Our knowledgeable and experienced personal injury lawyers will ensure that you fully understand your rights and options and position you to receive the full compensation available. Don’t go through this difficult time without the help of an experienced lawyer by your side.

Our lawyers have successfully obtained settlements for countless personal injury clients in Edmonton and the surrounding jurisdictions. It is our goal to settle outside of court, but if a reasonable settlement cannot be reached, we are prepared to take your case to trial. Contact Chadi & Company today at (780) 429-2300 for a free and confidential consultation.

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