We recently explained how to prepare for an examination for discovery, but what happens next? Most likely, the next appearance you will have to make in the litigation process is at a mediation.
Picture this, you have filed a motor-vehicle accident claim, and after years of waiting the case has finally made it to trial. The trial takes place, and the jury presents their award decision. After deliberating, they have calculated your claim to be worth $100,000. You are relieved, but that relief quickly changes to shock as you learn there is a deductible of $41,503.50 that will be taken off your settlement award, making the total settlement $58,496.50. What happened?
Did you know motor vehicle accidents are one of the leading causes of traumatic brain injuries (“TBIs”)? Following an accident, you may feel nauseous, dizzy, or experience an immediate headache. While you might chalk these symptoms up to shock, they may also all be signs you’ve experienced a TBI, for which you should immediately access medical treatment.
Mediation is done and thankfully you reached a settlement agreement. A few weeks have gone by, and you’ve now received a cheque in the mail with a lump sum payment. Now what? You have just spent years dealing with the anxiety of the litigation process, and now it’s finally over. While there are many resources to hopefully prepare you for the litigation process itself, there are very few to prepare you for what happens after.
If you bring a tort claim against a driver for a motor vehicle accident, it is highly likely the claim will settle before ever going to trial. But what happens when the Defendant’s insurance company is unwilling to offer any amount of money during settlement negotiations? A 2016 case, Valentine v Rodriguez-Elizalde (ONSC 6395), successfully argued by Ziv Tsimerman of Pollack Tsimerman helps to clarify this question.
Following a motor vehicle accident you may be shaken up, injured, or scared. Your first instinct might be to immediately dial 911. You might be surprised to learn that police are not required to attend the scene of every car accident. Instead, the 911 operator may advise you to head to a collision reporting centre within 24 hours to report the accident.
A motor vehicle accident or slip and fall can quickly become an emotionally and physically draining event in your life. Your top priority should be resting and rehabilitation in order to return to your pre-accident state. However, following an accident you may quickly realize that accident-related paperwork and phone calls take up more time than the rehabilitation itself. This is where personal injury lawyers come in – we are here to assist you during this incredibly stressful time in your life.
Ontario has a “no fault” accident benefits scheme, meaning that even if you are declared at fault for a motor vehicle accident, you are still entitled to accident benefits through your own car insurance. The type of accident benefits available to you will depend on the severity of your injuries, and whether you have opted for increased optional benefits.