Stages in a Lawsuit

How Will my Case Proceed?

One of the first things that your lawyer will do, is to put the defendant on notice of your intent to claim. If an acceptable response to the notice is not received, your lawyer will commence the lawsuit formally.

Once the other side has had a chance to respond the lawsuit will proceed through a number of stages. The first stage (the discovery stage) will involve the exchange of documentation and information. You will likely have to attend at what is known as an Examination for Discovery in order to answer questions about your claim under Oath.

The other side may arrange for you to be examined by a doctor. Your lawyer may send you to a doctor to be examined.

Once the discovery is complete the other side will likely meet with your lawyer to discuss settlement at a mediation. Most cases resolve at this stage.

If the matter does not settle at mediation it will be placed on a trial list.

Once on the trial list the Court will arrange a pre-trial. At the pre-trial a judge will provide your lawyer with his or her opinion on the value of your claim.

If your case does not settle at the pre-trial a decision will have to be made whether or not to proceed to trial.

How Long Will All of This Take?

How long your case will take to resolve depends on the following factors, many of which are beyond your lawyer’s control:

• How quick you are to respond to our requests for information and documentation;
• The degree of co-operation your lawyer receives from the defence lawyer(s) in arranging and conducting Examinations for Discovery and Mediation;
• How long it takes for your lawyer to obtain a medical prognosis from the doctors involved in the case;
• The degree of co-operation your lawyer receives from the doctors and other health professionals in providing your lawyer with copies of their clinical notes and records when we request these records;
• The degree of co-operation your lawyer receives from other people and institutions from whom we may request records;
• How long it takes for various assessments to take place after we receive medical prognoses from you physicians, as well as how long it takes for the various assessors to deliver reports to us;
• How long it takes for the defence lawyer to arrange various defence medical examinations, which are usually arranged after the various assessments of your have been conducted and reports delivered; and
• How long it takes after your lawyer has completed Examinations for Discovery, for the Court to schedule the pre-trial and trial.