It’s a question we get asked often: “Is it worth pursuing this?” An obvious consideration in answering this question is the potential monetary damages that could be recovered in a lawsuit. However, anyone considering litigation following a personal injury should also be aware of what they will need to do to prove their case. While hiring a lawyer is a crucial first step and one that immediately takes a lot off your plate, this blog post summarizes the different ways your ongoing involvement may be required.
Seeking treatment and follow medical advice:
Aside from seeking legal advice, the most important thing you can do for your lawsuit is to see your doctors and follow their advice. These visits to the hospital, your family doctor, specialists, and other treatment providers help to prove that you have sustained serious injuries and that you have done everything you can to recover.
Updating and instructing your lawyer:
Your lawyer is there to provide advice, but as the client, you are the one calling the shots. In order to provide the best advice possible, your lawyer will need to know the status of your injuries, treatment, employment, daily functioning, and other relevant information. You can expect to be in regular contact with your lawyer and their staff to provide these updates and instructions.
Providing oral evidence:
Medical records and other documents tell much of the story of your case, but at some point, you will likely be required to answer questions yourself. This happens most commonly at an examination for discovery, a question-and-answer session conducted under oath, but not in a courtroom or in front of a judge. This typically happens in a single day and is something your lawyer would help prepare you for. Unless the case does not settle and goes to trial, this examination for discovery would usually be the only time you would be required to provide oral evidence.
Attending medical assessments:
If your injuries arise from a motor vehicle accident, your auto insurer may require you to attend medical examinations to determine your eligibility for certain statutory accident benefits. To prove the claims advanced in your lawsuit, you may require the opinion of an expert medical assessor, who would also need to perform an examination in order to write a report.
Attending mediations and pre-trial conferences:
Formal mediation is an opportunity for the parties involved in a lawsuit to meet with an outside third party to attempt to reach a settlement. Pre-trial conferences happen a few months before trial and a judge often acts as a mediator in an attempt to get the case settled. Your lawyer would handle these events, but you would need to be present and involved as well.
Litigation is a long process and may seem daunting. However, by understanding your role in it, you can hand your lawyer the strongest possible case to argue and make a favourable result more likely. Contact us for guidance with your case today.
Published on December 11, 2023
