An overview of an important litigation milestone in a Plaintiff’s personal injury case
The Statement of Claim is the document that starts your personal injury lawsuit. It sets out, broadly, what the Plaintiff’s (or injured party’s) case is about. Formally, it is a type of “originating process”—a document that begins a proceeding under Ontario’s Rules of Civil Procedure.
For a lawsuit to officially begin, the Statement of Claim must be “issued,” meaning that the document is dated, signed, and sealed with the seal of the court by a registrar. The Statement of Claim is then served on the Defendant, who will respond by delivering a Statement of Defence.
Before a Statement of Claim is drafted and issued, Bogoroch & Associates LLP conducts a thorough investigation of your case, including identifying the relevant parties, analyzing all legal aspects, and collecting relevant records.
What does the Statement of Claim contain?
The Statement of Claim provides an overview of the Plaintiff’s case. It specifies the compensation sought by the injured party for their losses, identifies each of the parties to the action, presents the facts of the incident in which the Plaintiff was injured as well as the injuries suffered, sets out the allegations of negligence against the Defendant (or Defendants), and defines the damages claimed.
The Statement of Claim is an important document, one that will inform later steps in the litigation process. It will be referred to and revisited time and again at many different stages of the case and must therefore be crafted with precision and care.
When is a Statement of Claim issued?
Generally, there is a two-year limitation period or deadline for starting a lawsuit. Rather than waiting for the two-year time limit to approach, however, when our firm is retained to act for an injured party in a personal injury matter, we issue a statement of claim at the earliest opportunity so that the case can proceed through the litigation process as quickly as possible.
How Bogoroch & Associates LLP Can Help
If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, please contact any of our personal injury lawyers today. Consultations are free and we would be honoured to help you.
Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your motor vehicle accident or medical malpractice claim to settlement or trial while helping you navigate the complex medical, legal, and insurance issues.
Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer rating publications.
If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.