PROCEDURE     The steps taken in each personal injury case vary, but the basic procedure can be summarized as follows: 1.  Determine the question of liability or fault. 2.  Obtain medical evidence.  Usually we obtain preliminary medical reports soon after the accident has occurred.  We wait for your condition to stabilize and then gather a final set of medical reports. 3.  When you are ready to settle your claim we conduct legal research to find other cases which provide examples of what your case should be worth. 4.  We then prepare a detailed settlement proposal outlining all of the problems that you have experienced, summarizing the medical evidence, and setting out amounts for each of the heads of damages for which you are entitled compensation -- such as pain and suffering, loss of housekeeping ability, wage loss and medical expenses.  Many cases will settle at this stage after some negotiation with the insurance adjuster. 5.  If the case cannot be settled directly with the insurance adjuster, we file a Statement of Claim, the insurance company will hire a lawyer to act for them, and they will file a Statement of Defence. 6.  The case will then likely proceed to Discoveries where the insurance company's lawyer has an opportunity to question you under oath about how the accident happened, the injuries that you suffered, and how these injuries have affected your life.  Prior to the Discoveries we will meet with you and explain to you who will be at the Discoveries, the types of questions that you will be asked, and give you some general pointers on things to do and not to do in Discoveries. 7.  Settlement talks will again take place, perhaps even with the assistance of a Judge or a mediator.  In some cases the other side will send you for independent medical examinations, where doctors of their choice are given a chance to examine you and provide their opinion on your injuries. 8. Very rarely cases will proceed to Trial, and even more rarely to Appeal. The time that it takes for a case to be resolved varies greatly, and depends on such factors as whether your injuries are ongoing, how quickly the various doctors are able to provide us with their reports, and whether you are anxious to settle your case or whether you want to be very cautious.    CALCULATING DAMAGES     Very often no amount of money can compensate an injured person for the pain and suffering that they have to endure following an accident. However, a monetary award is the only tool available to our legal system to compensate a victim. Determining the exact amount of money to award an injured person is always a difficult task. The process does not simply involve pulling a lump sum figure out of the air, but rather there is an attempt to examine various heads of damages in an effort to arrive at a fairer estimate of the total value of your claim. SPECIAL DAMAGES:  These consist of all reasonably incurred out-of-pocket expenses and loss of earnings that are incurred as a result of the accident to the date of the settlement or the trial. PROSPECTIVE LOSS OF EARNINGS OR PROFITS:  This deals with the loss suffered by the plaintiff as a result of an inability to earn an income in the same manner as would have been the case had the injury not occurred.  This is done by estimating the level of earnings that the plaintiff would have received over the anticipated period of the loss had the plaintiff not been injured, and comparing that figure to the estimated figure that the plaintiff will earn with the injury. COST OF FUTURE CARE AND OTHER EXPENSES:  Here an attempt is made to determine the cost of future medical care and other expenses which the plaintiff will likely incur as a result of the accident.  This is done by estimating the amount of money required for future care and estimating the period of time over which it is likely to be needed. NON-PECUNIARY LOSS OR GENERAL DAMAGES:  Under this heading the Courts award an amount designed to compensate the plaintiff for pain and suffering, loss of amenities, loss of housekeeping capacity and loss of expectation of life.  Factors to be considered in assessing general damages include examining the nature of the injury, determining whether there will be a residual disability, the length and nature of hospitalization and medical treatment, and the effect of the injury on the plaintiff's employment, personal and social activities. The ceiling for general damage awards in Canada is about $260,000.00, and this number is adjusted for inflation over time.  That amount is reserved for persons who have suffered very severe injuries, such as spinal paralysis or brain damage.  You must put your injuries in perspective to these types of injuries.  To assist us in arriving at a fair estimate of your general damages, we research a large number of previously decided Court Cases to get an idea of the range of awards for that particular category of injury.    GATHERING AND PRESERVING THE EVIDENCE     It is very important, especially in the early stages after the accident, to gather together the evidence that will be crucial in the lawsuit. Take photographs of visible injuries, scars and bruising; Take a photograph of the damaged vehicle; Save everything relating to the lawsuit; Keep a record and receipts of all out-of-pocket expenses; Keep a diary detailing the symptoms and history of the injury.  List the doctors that you have seen and what they said to you.  Make a note of the date when you first notice a new symptom. Detail how the injury has affected you, both in the physical and in the emotional sense, and how it limits your activities.  From time to time give a copy of your updated diary to your lawyer.    GENERAL ADVICE     See your doctors on a regular basis and do what they tell you, otherwise you will be accused of failing to minimize your damages. Be aware that in some cases the defendant insurer may hire a private investigator to conduct surveillance of your activities. Personal injury actions have limitation periods, and if you do not take the necessary steps before the limitation period expires you will be barred from bringing an action for your claim. Consult a lawyer as soon as possible to ensure that all limitation periods are met.    WHY HIRE A LAWYER?     The insurance adjuster is working for the insurance company and their job is to pay out the least amount of money that they can on your claim. They may try to take advantage of your inexperience in this area and offer you less than what you are actually entitled to receive. We attempt to obtain a better settlement by: (1)  Gathering very good quality medical evidence from doctors who are respected specialists in the field; (2)  Knowing what your case is worth according to the most recently decided Court Cases in this area of the law; (3)  Knowing the steps that are necessary to move your case through the litigation process until the insurance company finally makes you a reasonable offer; (4)  Protecting your legal rights by ensuring that all steps necessary to preserve your right of action are taken on a timely basis; (5)  Having extensive experience in this area of law, and having dealt with most insurance companies and adjusters on a regular basis, they respect our ability to obtain the best possible result for our clients.

Russell & Company