First, we will open a Court file by preparing and issuing a document called a “Statement of Claim”. This must be served on the party you are suing, who will normally take it to his or her insurance company. The insurance company will then retain a lawyer to defend the case. That lawyer will respond by filing a “Statement of Defence”.
An examination for discovery is usually held in an office located downtown, in or near the Court House of the Judicial District where an action is commenced, or where the person resides.
It is an informal hearing which takes place before the lawyers for all parties and a reporter who takes down your evidence. Prior to the examination you will be required to take an Oath or affirm that the statements that you make will be the truth.
At the outset the mediator will outline the terms of the mediation. He will explain that each side will be given an opportunity to present opening remarks, discuss the issues and often an opportunity for the clients to speak as well. The subject matter of what you will say at the mediation should be discussed with us in advance. At a later point in the mediation the mediator will take one side or the other and pull them away for a caucus. In the caucus confidential discussions will take place for developing a strategy to attempt resolution.
A personal injury may cause a person to be off work for a period of time. After a return to work, it may be that the injured person’s ability to perform the pre-accident work is not affected. Despite returning to work there may be a loss of work capacity that should be recognized.
What is a sufficient connection to an accident for a court to provide compensation?
Rarely do we have a case where there are no pre-existing and/or subsequent conditions or accidents. How does a court assess compensation in a claim? These are issues that doctors, lawyers and the courts have been struggling with for many years.
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Each personal injury case is unique, and requires dedication, professionalism, expertise and a personal, hands-on approach. If you have suffered injury due to the negligence of others or are being denied disability benefits, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
Contact Tony Lafazanis today for a free consultation, or fill out our client form.
416 979 1770
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