How to Win a Personal Injury Lawsuit

There are no guarantees, but here are a few Rules for improving your odds.

1. Gather evidence. If you were injured, you must first establish that it was because of someone else’s negligence. If you get rear ended, collect the other driver’s information, and take pictures. If you trip on something dangerous left in an aisle, take pictures and get the contact information from witnesses. If you have been injured, visit a Medical Doctor (not just a Doctor of chiropractic) and explain how your injuries are affecting you. A proactive and thorough medical doctor should be recording your complaints in your chart. Keep receipts, keep record of lost wages, file your taxes. At the end of the day, your word is not enough. You must have evidence produced by disinterested third parties.
2. Mitigate your losses. That means you must do everything you can to reduce your damages. Do your best to avoid getting injured in the first place, but if you have been injured, you have to try to get better. If your family doctor recommends a course of treatment, get it. If your physiotherapist tells you to do at home exercises, do them (and, also, see Rule 1 – how can you prove you are doing exercises at home?) DON’T go to a sketchy masseuse who gives you a relaxation massage. DO go to a reputable massage therapist who gives you a massage that provides effective, and even painful, therapy. DON’T rely solely on chiropractors. DO visit your family doctor and then seek whatever treatment is recommended, including chiropractors. Be proactive in your healthcare. If you don’t feel your doctor is assertive enough with your treatment, get a second opinion.
3. Be prepared to work the system. (Or, go straight to Rule 5 and get help working the system.) You should know what’s coming. If you are going to be self-represented, you are going to have to do your homework. You will need to know what a questioning is, and what questions you need the answers to. You need to know what questions you must answer, and which you should object to. You need to know what to include in an Affidavit of Records, and you need to know what your rights are if you are sent to a Defence Medical Examination, and you need to know if you need to go to a Certified Medical Examination or not. You should think strategically about using Formal Offers to Settle, and you need to be prepared to make applications to the Court for orders when it is necessary. The process will cost money, so you will need to ensure you have enough money to pay disbursements and court fees (or, hire a lawyer who may be prepared to pay your disbursements for you and won’t need to be paid back until the end.) Know the Rules of Court.
4. Don’t leave it till the last minute. For example, you have two years after an accident to commence legal action, but be prepared to file it well in advance. I am often referred clients who have waited and are now struggling to find a lawyer who can get a claim filed fast enough. (You can’t just file a claim; you have to make sure you have named the right parties, ordered the required pre-court searches, and plead the appropriate legislation.)
5. Hire a lawyer. Personal injury lawyers usually work on a contingency, so you don’t have to pay their fee until the end. Unlike many lawyers who get paid by the hour and may not be personally invested in whether or not you win your case, a lawyer working on a contingency is aligned in interest with you. Hiring a lawyer will not only improve your chances of getting what you are entitled to, it will also reduce your stress so you can focus on getting better or adjusting to your new reality.