1. Q. How long will it take for my case to settle?

A. A typical case takes approximately 3 to 4 years to resolve, either by way of settlement or by proceeding to trial. With the changes to motor vehicle compensation which came into effect on November 1, 1996, the cases which occurred after November 1, 1996, may take longer to resolve.

What holds up the settlement is the time it takes to obtain a prognosis. A prognosis is a prediction of the future rendered by the doctors. It allows me, as your lawyer, to know whether you will be suffering any future complication arising from your injury. No case can be settled until we are in possession of a definitive prognosis from either your treating physician or from the specialist to whom you will be sent by us for a medical-legal opinion.

2. Q. When will my case go to court?

A. 97 to 98% of cases settle out of Court. Approximately 2 to 3% of personal injury cases actually go to Court. Those cases which do so, arise where the insurance company is disputing liability and/or where it will not pay appropriate and fair compensation for your claim. Cases generally settle at different stages. Some cases will settle after the Examination for Discovery, some at the Pre-trial and some just at the door of trial.

Today, many cases settle following a private mediation. Mediation is nothing more than a settlement conference where, with the assistance of a trained mediator, both sides attempt to resolve their differences and arrive at a settlement. Car accident cases, after November 1, 1996, are subject to mandatory mediation.

As well, 25% of all lawsuits generally, in the City of Toronto, are selected for case management. All case management cases are required to be mediated. You will be fully prepared for any mediation and briefed about the process.

Since 1992, when mediation or ADR (Alternate Dispute Resolution) became increasingly utilized, Richard M. Bogoroch has acted as counsel in over 150 private mediations.

3. Q. How often will I be seen by Richard M. Bogoroch, and his staff, during the course of this litigation?

A. It has been my practice to see our clients every 3 to 4 months. Because many people do not wish to travel downtown to my office, in order to spare them the inconvenience of attending at our office I have given my clients the option of either attending at my office and seeing me or speaking to my law clerk.

My law clerk will be writing to you every 3 to 4 months asking you to call her to let her know how you are progressing with your injuries. When she speaks to you, she will bring you up to date about any significant development with your case. However, when settlement offers have been made or an important development has arisen, it is essential that you attend at my office to meet with me.

4. Q. Who will arrange for me to be seen by the specialist?

A. In each and every case, my staff and I arrange for our clients to be seen by an appropriate medical specialist or specialists, depending on the nature and extent of the injury. The purpose of the specialist's report is to assist us in documenting your injuries and in helping us obtain the best possible result for you.

5. Q. What should I do with all the bills and expenses that I incur?

A. It is our practice to have our clients send in their bills on a monthly basis. What I suggest you do is make a list of the expenses that you incur and send them in to the law clerk who is assisting me with your case.

6. Q. Do you mind if I call?

A. You have hired us to look after your interests. Do not hesitate at any time to call me. If you live out of town, please call collect! We are here to help you and to make sure that each and every concern you have is dealt with promptly and efficiently. Each and every call is returned immediately. If I am in Court on a trial, it may not be possible for me to return the call immediately. For that reason, I would ask you to please speak to my staff, who will be pleased to assist you.

7. Q. How much is my case worth?

A. When we have sufficient medical information, we would be more than happy to sit down with you and tell you the value of your case. It is difficult, if not impossible, to give you an accurate assessment of your case when you first retain us. As you can appreciate, until we are in receipt of a prognosis from the specialist, we will not be able to put a dollar value on your case. Nonetheless, we are more than happy to discuss your case with you at any time.

8. Q. What documents can I expect to receive?

A. It is our practice to provide our clients with copies of important correspondence, including pleadings (Statement of Claim), medical and expert reports and of course, all offers of settlement.

9. Q. What are the stages in the litigation process?

A. 1. The Statement of Claim starts the lawsuit and generally must be issued within two years of the car accident.

A. 2. The Statement of Claim is then served on the other side (the Defendant) and the Defendant delivers a Statement of Defence.

A. 3. Following the delivery of the Statement of Defence, the Examinations for Discovery are then arranged.

A. 4. Assuming no motions or proceedings need to be brought, the lawsuit is set down for trial and a date for trial is scheduled at Trial Scheduling Court.

A. 5. Most cases settle before trial, but the entire process generally takes 3 to 4 years to conclude. We will do our best to make sure your case is handled as efficiently as possible, as we know how important your case is to you.

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