Ottawa and Toronto’s legal team for
serious personal injury cases.

Tort Case – Claim Against the At-Fault Driver
IF	FEE IS
We settle your tort case before the examination for discovery.	25% + HST
We settle your tort case after the examination for discovery but before the pretrial.	28% + HST
We settle your tort case after pretrial but before commencement of trial.	30% + HST
We settle or win your tort case after the commencement of trial.	33% + HST

Accident Benefit Claim
IF	FEE IS
We settle your accident benefit claim without an arbitration.	20% + HST
The court or License Appeal Tribunal hears your case and orders that you receive an award or the case settles during LAT arbitration	25% + HST

Personal Injury (Non-MVA) Including Slip and Fall, Trip and Fall and Other Injuries
IF	FEE IS
We settle your tort case before the examination for discovery.	25% + HST
We settle your tort case after the examination for discovery but before the pretrial.	28% + HST
We settle your case after pretrial but before commencement of trial.	30% + HST
We settle or win your tort after the commencement of trial.	33% + HST

Long Term Disability
IF	FEE IS
We settle your case before the mediation or examination for discovery.	25% + HST
We settle your case after the examination for discovery or mediation but before the pretrial.	28% + HST
We settle your case after pretrial but before commencement of trial.	30% + HST
We settle or win your case after the commencement of trial.	33% + HST

The consumer guide asks some important questions for potential clients looking for the right firm to meet your needs. Auger Hollingsworth’s answers to these important questions are here.

Ontario Personal Injury Compensation Process

If you need to start a lawsuit to show the insurance company that you are serious about getting fair compensation for your Ontario accident injuries, these are the steps your Ottawa personal injury lawyer will guide you through:

1. Fact-finding and legal research:

• Review all the facts regarding the accident and your injuries.
• Review all supporting documents and collect the names of witnesses.
• Review medical records and obtain your permission to obtain any missing records.
• Conduct legal research to identify all claims available in your situation.

2. Ontario pleadings:

• Draft a Statement of Claim, which sets out the amount of money you are claiming for the accident and all facts that support your entitlement.
• Review the Statement of Defence, where we review their factual contentions and defences and advise you accordingly. We may also prepare a final pleading, called a Reply, to any of the issues raised by the defendant.

3. Ontario mediation:

• In many areas of Ontario, participation in a 3-hour mediation is mandatory. It usually occurs early in the lawsuit.
• We help select an Ottawa mediator and schedule the session. We give valuable advice on options and work with opposing counsel to ensure an acceptable mediator is selected.
• We prepare and provide to the opposition’s counsel a Statement of Issues or Mediation Brief, which includes key components of relevant medical records, police reports, witness accounts and other evidence to create a compelling case on your behalf.
• We prepare you for the mediation and attend with you.
• We always first try to negotiate a favourable resolution, but we will never sell your case short.

4. Ontario discovery:

• Prepare the obligatory list and copy of all documents relevant to the lawsuit in a sworn affidavit. We prepare the list and request most of the documents for you and advise you on what other documents you need to collect.
• In most cases, the key documents are medical records, but may also include road or walkway maintenance records, employment records, and your employment file if claiming loss of income.
• We review the other party’s affidavits of documents, such as adjuster reports and other information relating to the insurance company’s claim investigation.
• The next step is the Ontario examination for discovery, where each party is questioned under oath by the other’s lawyers. The court reporter prepares a transcript of evidence. We schedule, prepare for and attend the examinations for discovery. No judge is present at this stage.

• If relevant questions are asked for discovery but the witness does not know the answer, the lawyers may agree to have that question be answered in writing as an “undertaking.” We assist you in answering undertakings and ensure opposing parties answer their undertakings.

5. Preparation for trial:

• In addition to the above steps, we identify and interview potential witnesses, decide whether expert opinions are of value and if so, retain and facilitate a report from experts, if appropriate

• We consider and undertake any additional fact gathering

6. Ontario settlement conference:

• This may be the first significant consideration of your case by a court official, judge, or a master.

• We schedule the conference and prepare the settlement conference brief (script for trial).

• We attend the conference with you, present your case to the court, and advise you based on the court’s assessment of the case and any offers to settle.

Steps may overlap. There may also be interim proceedings called motions. We may bring a motion on your behalf if we feel a favourable outcome will shorten or strengthen your case. Motions may deal with simple issues, but may also deal with significant legal matters that effectively resolve the whole case.

Proving an Ottawa Personal Injury Case

Four elements are required to show that you have a valid personal injury claim:

1. You were owed a duty of care: This means that a person’s actions must meet a standard of care towards others that includes attention, caution, and prudence that a reasonable person would use under a certain set of circumstances. Failure to do so amounts to an act of negligence or recklessness.
2. There was a breach of duty of care: If a party breaches that duty of care, it means that they failed to act in a responsible manner that took into account the safety of others. A common example of breach of duty is drunk driving.
3. There is cause in fact: There must be proof that the breach of duty (the negligent or reckless act) caused the accident that led to the injury; the “act or omission was a substantial factor in bringing about the injury and that, without it, the harm would not have occurred.” For instance, a driver who was texting and ran a red light, thereby hitting another car.
4. There are damages:

Damages are the monetary award for an injury claim. The plaintiff (the injured person) must be able to prove that the accident resulted in damages such as medical bills, loss of income, and other losses for which compensation should be awarded.

Our Guarantee to You

We promise to provide you with the highest level of personal service, meet with you as often as you wish, and do everything possible to treat you the way we like to be treated. You can expect:

• Strong Advocacy and Representation of You!: We negotiate whenever we can, but we also fight whenever we need to. We have spent a large part of our legal careers in court. As a result, the insurance companies know we will not hesitate to sue them and take them to trial to get the compensation results you deserve.
  • We are not afraid to fight for you
  • We fight to get you the maximum compensation
  • We have a track record of success
• We are established and experienced lawyers: Since 2004, we have established a reputation with the legal community and, more importantly, with our clients, as lawyers who pay meticulous attention to detail, who are skilled in the courtroom, and who care about the people they represent. We are also proud to support many community efforts, including charitable giving, sponsorship for activities that raise money for activities and causes throughout our area.
• Personal attention from consultation to best possible compensation: No question is too small or concern too big for us to make sure we are there for you. Count on us to return phone calls promptly, to be accessible, to give you value that is greater than our fee, and to give you more than you expect.
• Representation for French–speakers: Oui, nos services sont aussi disponibles en Français. To learn more, please contact our office.

Contact a Skilled Ottawa Personal Injury Lawyer Today

If you or a family member has been injured in an accident as a result of another’s negligent or reckless behaviour, get the help you need so you can get the compensation you deserve. We offer a free initial consultation to answer your questions and see how we can assist you. To schedule a time to talk, please call us at +1 (613) 233-4529 or contact us online.