The timing of a lawsuit is difficult to predict. It can take up to two years or longer to settle or go to trial. However, most lawsuits go through the same basic steps, although not always in the same order. The main steps are listed below and they will give you a general idea of what to expect.

Gathering the Facts
With our client's help, we gather all the available facts concerning the claim. This includes interviewing and taking statements from witnesses. When necessary, experts in areas such as medicine and finances are consulted.  

Starting the Lawsuit
We begin the lawsuit by preparing the necessary legal documents and filing them in Court.

Examination for Discovery
At the examination for discovery, we question the Defendant under oath about the accident.  In return, the Defendant's lawyers also question our client about the accident and the injuries he or she suffered.

Value of the Claim
Once we have a good idea of all the facts, we review the law. We then give our client our legal opinion about what the likely outcome of a trial would be and how much money our client can expect to get. The value of the claim depends on various factors including:

• the nature of the injury
• severity of the injury
• duration of the injury
• the degree to which the injury affects your ability to earn income
  

The exact value of a claim is complex and can involve input from a variety of experts such as medical specialists, accountants, occupational consultants and actuaries.

Proving Fault
The injured person must prove fault on the part of an automobile driver. If a passenger is injured in a vehicle in which the driver is at fault then the passenger's claim is against the insurance on that car and the driver. This could mean that the passenger could sue a relative or friend. The insurance on the vehicle would cover the injured person's claim.

Negotiation and Settlement
When it is appropriate, we approach ICBC to see whether or not we can reach a settlement. In our experience most personal injury claims settle thereby avoiding the need for a trial.

Preparation for Trial
We prepare the case for trial which includes getting all the necessary documents together, arranging for witnesses to attend, and preparing any legal opinions.

Trial
In the event that the claim does not settle we proceed to trial at which time the judge and/or jury will decide the legal issues in the case.

Completing the Claim
We do all the work necessary to complete the claim. This includes giving our client money from a settlement or judgment after we have deducted our fees and expenses.

 

TAYLOR GRANITTO
466 Trans Canada Hwy.  Duncan, B.C. V9L 3R6   
Phone: (250) 748-4444  Fax: (250) 748-5920  Toll Free: 1-800-665-5414