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Process for Bringing a Claim

The 3 parts of the claims process with Melanson Law

The 3 parts of the claims process with Melanson Law


Opening The Claim

Retaining a lawyer, preserving evidence, and notifying the relevant parties and insurers.


Exchange Of Information And Discovery

Collecting information and documents to support the claim, exchanging information with the other party or insurance company, and examination for discovery (if necessary).


Resolution Of The Claim And Receiving Compensation

Resolving the claim through a negotiated settlement, mediation, settlement conference, or trial.

Opening the Claim

The first step is to consult with and retain a lawyer. At Melanson Law we offer a free consultation. This consultation can take place over the phone, by video, or in person. During the consultation, we will discuss your legal rights, the process for bringing a claim, and the types of damages you may be entitled to. We will also discuss fee arrangements. Most of our clients retain us on a contingency fee agreement. This means that you are not responsible for any legal fees until and unless you recover compensation for your injuries.

Navigating Personal Injury Claims

Once we are retained, we meet with you to discuss the plan to resolve your claim. We also discuss other streams of benefits that might be available to you. We provide support in obtaining these benefits and we also can connect you with the appropriate medical professionals to assess and treat your injuries.

We then contact the individual or corporation at fault for the accident to notify them that a claim is being pursued. We also contact their insurance company to ensure they are aware of the claim.

For many personal injury claims, there is a two-year limitation period from the date of the accident to officially start the litigation for the claim with the Court of King’s Bench. We will discuss with you a plan for filing the documents to start the claim with the Court and strategic considerations for the timing of the filing of these documents.

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Exchange of Information and Discovery

During this step, we collect the evidence and information necessary to support your claim and ensure that you will receive the full compensation you are entitled to. With your permission, we will request on your behalf documents such as the accident report, and medical records. We may also need to engage experts to provide opinions to support your claim at trial. We will also be in touch with you regularly to stay updated on your medical rehabilitation and to keep you informed of the progress on your claim.

This stage lasts until you have reached maximum medical rehabilitation, or in other words, until your injuries are ‘as improved as they will get’. During this time, we will also discuss with you the interim legal remedies that are available to you, for example, advance payments.

This stage may also include an examination for discovery at the request of the Defence lawyer. This is usually a one- or two-day event, where the Defence lawyer may ask you questions about the accident and your injuries under oath. This usually takes place in a conference or boardroom at a neutral location. If an examination for discovery is scheduled for your claim, we thoroughly prepare you and attend with you to act as your advocate.

Resolution of the Claim and Receiving Compensation

Once you have reached maximum medical improvement, we will first attempt to resolve your claim by negotiating a settlement with the other side. We will start by preparing a draft settlement proposal with a provisional assessment of your claim. We will then review the proposal with you in detail and explain the types of compensation you are entitled to and the strengths and weaknesses of your claim. After our review together, we will adjust the proposal as necessary. We will then engage with the other side in settlement negotiations. No offers are made or accepted without your express approval. Any offers are discussed and analyzed in detail with you based on the law and our experience. We also employ different dispute resolution techniques, such as mediation, to try to resolve your claim.

If we cannot reach a negotiated settlement agreement, we will set the matter down for trial. Although most personal injury cases are settled outside of Court, in some cases it is necessary to appear at Trial and have a Trial Judge decide on the issues of liability and/or damages. In some rare cases, an appeal from the Trial Judge’s decision may also be required.

Resolution of the Claim

Types of Claims

Types of Claims we work with

We Provide Comprehensive Legal Assistance for a Variety of Personal Injury Claims, Ensuring Your Rights Are Protected and Your Case Receives the Expert Representation It Deserves:

Are you entitled to compensation?

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