What Are the Steps in a Typical Halifax, Nova Scotia Car Accident Claim?
When you are injured in a car accident, there are important steps you need to take to protect your right to compensation. If you do not follow these steps, you run the risk of either recovering less than you are owed, or possibly even losing out entirely on filing a successful claim. With expensive medical bills and other costs to pay – all while you may be unable to work – you need to make sure that you and your family receive the compensation you deserve.
In this article and the video below, we discuss the steps involved in pursuing a claim for compensation. For more information on the steps you should take after an accident, you can read: What To Do After an Accident.
What to Expect During Your Car Accident Claim
When you hire one of our experienced car accident lawyers to handle your claim we will:
1. Notify and deal with the Defendant’s Insurance Company. When you contact us, one of the first things we will do is contact the other driver’s insurance company to provide basic information about your claim. Importantly, this is never something you should do on your own. You do not want to say something that could end up hurting your case.
2. File Your Lawsuit with the Court. Next, we will file a document, known as a “Notice of Claim,” with the court. The Notice of Claim will include:
- The facts showing that the other driver caused the accident;
- A statement of the injuries you suffered as a result of the accident;
- Details about your financial losses as a result of the accident; and
- The damages that you are claiming.
3. Exchange Documents with the Other Side. In a car accident lawsuit, both parties are required to share any relevant information they have about the claim. For example, during this process, we will seek to obtain any police records relating to charges stemming from the accident, as well as any records from the insurance company’s investigation.
4. Serve Interrogatories. Interrogatories are written questions that each party in a lawsuit submits to the other side. We will ask the other driver and his or her insurance company what they know about the accident, including any possible causes.
5. Conduct Discovery Examinations. Both sides also have the right to ask questions in person. We will conduct a thorough examination of the other driver to find out what information the defendant has that could help or hurt your claim.
6. Assist You with the Defense Medical Examination. You may also be required to submit to a defence medical examination with a doctor of the other driver’s choosing. We will help you prepare and make sure that you are not subjected to any more testing than is legally required.
7. File a Notice of Trial. Once we are satisfied that we have the information we need to prove your claim, we will file a Notice of Trial with the court. It can take several months, and in some cases more than a year, before your trial will be scheduled.
8. Represent You at Trial. If the parties are unable to negotiate a settlement, your case will go to trial. You can elect to have your case heard by a judge alone, or by a judge and a jury. Either way, at the end of the trial you will receive a verdict that determines the outcome of your case.
McKiggan Hebert Lawyers | Experienced Halifax, Nova Scotia Car Accident Lawyers
At McKiggan Hebert Lawyers, we provide thorough and experienced representation for car accident victims in Nova Scotia. To learn more about what to do and what to expect after being injured in a collision, feel free to call us at (902) 423-2050 or schedule a free consultation today.