MOTOR VEHICLE ACCIDENTS
How do Motor Vehicle Accident cases work?
In the litigation process, there are two or more main parties that are in conflict due to the accident; the plaintiff(s) and defendant(s). There are other key players such as insurance companies, medical professionals, mediators, and other possible third parties. As case progresses, a settlement may happen at any point, depending on the circumstances. There are many circumstances that dictate whether a case will resolve early or over the course of several years. It is important to understand the nature and complexity of every case. The first step in the process involves information gathering, where the potential Plaintiff provides his or her lawyer with as many details about the motor vehicle accident as he/she can, such as:
- How did the accident happen?
- Which vehicles were damaged?
- What were the injuries sustained?
- Who was involved?
- Do the parties involved have insurance?
At this step, it is important to gather every detail of the motor vehicle accident in order to start an action against the party or parties at fault.
The next step is to file a claim against the party or parties involved in the motor vehicle accident
The action allows the defendants to understand that litigation has been commenced against them and that they need to respond.
There are two types of settlements for which the Plaintiff(s)/Claimants may obtain, one is through their own insurance company, which is referred to as an accident benefits claim and the other is by way of a tort action, as described above.
Additional steps in a motor vehicle accident litigation may include:
Examination for discovery: Defendants and Plaintiffs are asked questions by opposing lawyers on the record.
Mediation: All parties attempt to resolve the claim with the help of a mediator. This is mandatory if the action is filed in Toronto.
If the case cannot be resolved by way of mediation, it will proceed to trial. This, however, is a very rare occurrence. The vast majority of motor vehicle accident litigation is settled out of court.