Key steps in making an injury law claim
We are often asked, what are the steps in making an injury law claim? Every case is different. Every claim is unique. After you contact us, we will begin the process by scheduling a face-to-face meeting to learn more about your injuries and details around how they occurred.
As part of this meeting, Mark Nikel will:
- Inquire about your injuries and ensure you are getting proper primary care and rehabilitation.
- Ensure you understand and take advantage of your coverage.
- Recommend coverage options and financial assistance programs if you are facing financial hardship.
- Walk you through the claim process.
- Explain the different options available to you (out-of-court settlement, mediation or litigation).
- Explain the process (including how long it may take).
- Share insights and set expectations around monetary compensation.
It will be a time for you to ask any questions you may have.
As part of this first meeting, we ask that you bring any information and documents that will be relevant to our claim. This includes:
What happens once you hire us?
As soon as you choose Mark Nikel to be your Personal Injury lawyer, the process will begin, starting with the following steps:
- We will meet with clients at any hospital, their residence or place of work to minimize any inconvenience due to your injuries.
- We provide clients with updates continuously as their claim develops including medical reports and expert reports, patient files, engineers’ reports, police files etc.
- Ensure that all available sources of recovery are identified and notified of your claim.
- Notify the adjuster and deal directly with them or the respective insurance company from then on to conclusion.
- Ensure that all evidence, such as witness statements, vehicle damage, and accident scene photographs are obtained and preserved. Here we will retain if necessary, accident reconstructionist experts and engineers as well as our own investigators and contact the police.
- In motor vehicle accidents we will assist in obtaining no-fault medical and disability benefits from your own insurance company.
Our firm will then begin the claims process which includes:
- Gathering and preserving evidence.
- Obtaining medical and expert evidence.
- Obtaining information and evidence from all third parties, such as employers, rehabilitation experts, occupational therapists, economists and housekeeping services experts.
- Conducting legal research required to prepare a comprehensive settlement proposal.
If necessary, we will conduct all steps in the legal action, including:
- Initiating legal action with the issuance and service of a Statement of Claim.
- Questioning (Discovery)
- Affidavit of Records
- Compliance with Undertakings
- Making Court Applications
- Attending Pre-Trial Conferences
- Conducting Judicial Settlement Conferences and Mediations
- Preparing Formal Settlement Offers
- If necessary, conducting the Trial
Preparing your case for trial
If we are unable to come to a fair agreement with the insurance company on our own, we may be required to seek mediation or go to court. In this case, we will gather all required evidence on your behalf. This includes:
- Reviewing all key documents:
- Medical records
- Investigative/ police reports
- Taking witness statements and depositions
- Hiring the best and most relevant experts
Regular communications and updates
We know that this is a stressful time for you. That is why we take great care to keep you informed of our progress at every step of the way. We will provide you with regular updates, using your preferred means of communication. This gives you a sense of assurance and peace of mind you deserve. If you have any questions about the steps in an injury law claim, do not hesitate to contact us or click here for FAQs.
For more information, view our Injury Timeline.