When you are injured in a car accident, your Barrie lawyer will start by collecting evidence to support your claim. You will also be asked to fill out a questionnaire. Your lawyer will determine what parts of your case are likely to be contentious and take steps to gather the evidence necessary to build a strong claim.
The evidence to collect in a local auto collision case may include any pictures you have of the accident scene, phone records, statements, medical information, employment records, ambulance on-call reports, fire department reports, police reports, emergency room reports, clinical notes and records from the hospital if you are hospitalized, and the treating doctors’ reports. In some cases, our legal team will send a forensic engineer to examine the damage to your vehicle and conduct a forensic analysis.
Depending on the circumstances of the crash, it may not be as important to gather liability evidence. For example, a rear-end collision or a case where the other driver was charged with driving under the influence of drugs or alcohol, the liability evidence is going to be less of an area of dispute, but the medical evidence is always going to be important. For this reason, a well-practised lawyer will always take steps to collect the medical evidence that is necessary for the file.
The process of evidence collection in a Barrie auto accident case includes gathering all relevant records, hiring expert witnesses, interviewing the plaintiff, hiring a private investigator, and hiring an accountant who can advise lawyers on the specialized economic evidence they need. It takes an experienced lawyer to put all of these pieces together in a way that effectively illustrates a claimant’s right to receive compensation from liable parties.
If your case goes to court, it is generally going to take at least three or four years after the accident to resolve. You lawyer will start collecting evidence immediately after they are retained, and they will continue to collect and update evidence right until the time they walk into the doorsteps of the court on the day of trial. In other words, evidence collection is a continuous process.
Under Barrie’s rules of civil procedure, a lawyer is required to take all the evidence they have and disclose it to the other party in an affidavit of documents. In the affidavit, they are required to list all the documents they intend to produce and that they are claiming privilege for, the witness information they have, everyone that has knowledge of the case, the medical information, and the liability information.
You lawyer must also file an evidence act notice with the court to indicate the evidence your case will rely on. Expert reports must be served to the other party at least 90 days before the pretrial. Finally, any expert witnesses summoned to testify must file a Rule 53 Affidavit promising that they are going to be neutral and impartial to assist the court and not act as advocates.
While lawyers are collecting evidence to build your Barrie car accident case, the insurance company is trying to collect evidence to knock down your case. Insurance companies in Ontario regularly conduct surveillance of injured claimants living their lives, going to the gym, going for a walk, going to see a movie with their spouse.
It’s also important to be consistent in your evidence. If you’re telling your doctor one thing but telling your therapist and lawyer another, the insurance company is going to be collecting and comparing that evidence. Keep your message the same with respect to everyone associated or involved in your case, and be aware of the fact that there are people out there who are trying to undermine your claim.
Let one of our elite trial lawyers deal with the insurance company and protect your right to compensation. Call our firm today to receive expert-ranked legal representation.