Stages of a Personal Injury Claim – Your Affidavit of Documents

Continuing our series about the stages of a personal injury claim, this post looks at what happens after your lawyer has commenced your lawsuit by filing a statement of claim, and preparing an affidavit of documents.

Responding to the statement of claim

Each named defendant will be able to file their defence to your claim, setting out their version of the facts, and raising any potential legal arguments against you. They may also name other parties that they feel are responsible, or in some cases, counterclaim against you for their own injuries. You lawyer will review their pleadings and, where necessary, make additional pleadings on your behalf.

Documentary discovery – what is an affidavit of documents?

Once all of the relevant documents have been filed, parties will begin the process of documentary discovery. In a civil lawsuit, every party is obligated to provide full and frank disclosure to every other party of every document or other recorded information that is “relevant” to a matter at issue in the claim.

This disclosure is made through an affidavit of documents. This is a list of every document or other record (such as photographs or recording) in your possession or control that may relate to any aspect of your claim. In personal injury actions, it would include your medical records going back several years, any accident report or police records, receipts for out of pocket expenses and medical bills.

The requirement to disclose evidence is extremely broad, and almost anything relating to your claim may be eligible, including social media profiles, email conversations, cell phone data, and more. However, there are a handful of legal exceptions to this obligation. Parties do not need to disclose any communication between themselves and their lawyer, or any documents prepared for the purposes of bringing your claim.

Personal injury lawyers assisting injured victims at every stage of their claim

At Derfel Injury Law, we exclusively represent accident victims, and help them obtain fair compensation for their personal injuries. Our dedicated team works hard to provide reassurance and peace of mind by offering professional, compassionate legal advice. Knowing that we are handling their claim, our clients can focus on their recovery.

To discuss your potential claim with one of our lawyers, contact us online or call 416-847-3580 to make an appointment. For convenience, we can meet clients in Toronto.