To file a claim for no-fault accident benefits under the Statutory Accident Benefits Schedule (SABS), you must submit a series of forms completed by you, your doctor, and your employer. Your legal representative must also issue a statement of claim by naming the defendant driver and filing that at the local courthouse. Our team of elite trial lawyers has experience in filing car accident cases in Barrie and can help you get the most out of your claim.
When preparing to file a statement of claim after a car crash, you must collect all relevant evidence to submit to the court. This may include taking pictures, gathering medical information from your treating doctors, the hospital, and ambulance personnel, and assessing your ability to work.
A lawyer at our firm may also help collect liability evidence, including the black box data, and determine what you should ask for in your claim and why. We can also gather witness statements from anyone who can help support your case.
Your lawyer must identify the proper parties as defendants, plead why they think the defendants are negligent, and make a demand for whatever damages you may have suffered in the collision. Your legal representative may cite the defendant’s speeding, texting, running a stop sign, etc. as proof of negligence. Once they have established your injuries and the damages that were caused as a result of the defendant’s negligence, they will talk about how these losses have negatively impacted your life.
Filing an auto accident claim in Barrie does not mean you need to continue suing the defendant if the case settles. Lawyers will generally provide their client with advice about whether the claim is viable or not before they issue it.
Some lawyers will issue first and figure out if they have a lawsuit later. This could be a risky proposition in Barrie, however, because we are in a “loser pays” jurisdiction. This means that if you successfully sue somebody who caused a car accident, they are going to pay a portion of your legal bill on top of your damages, but if you sue that person and lose, you might be asked to pay a portion of their legal bill.
Almost all motor vehicle cases in Barrie are filed in the Ontario Superior Court. Ontario has two levels of frontline court: provincial court, which deals with a lot of criminal and family matters, and civil court where car accident cases can be heard at the higher-level.
You should hire a lawyer who knows how to collect evidence, the right questions to ask, what experts need to be hired, and how to build and properly evaluate a case. If you want to make sure you get the maximum value for your claim, hire an experienced, award-winning lawyer from our firm who has the skills to build your case and the credibility to deal with the insurance company. Call our team today to begin the process of filing a car accident case in Barrie.