What are the Steps in a Civil Lawsuit?
Initiating a lawsuit can be overwhelming and very confusing for those unfamiliar with the law. At Lerners, we take the time to explain each step of the legal process, and present all options to our clients.
Below is an outline of the steps you can anticipate if you start a civil lawsuit. Each sexual assault and abuse case is unique, and therefore not all cases will require every step.
Investigation: Gathering the necessary information and documents in a sexual assault and abuse case can be very time-consuming. However, it is an essential step in the process. We will need to gather as much information as we can and document what happened to you (who, what, when, where, how often, any witnesses, etc.). If you required medical attention or attended therapy, we will need to gather all medical documentation regarding any injuries caused, including all medical bills and related expenses.
Filing a Statement of Claim: Once we have the necessary information about the case, we issue a Statement of Claim. This is the formal document that commences the lawsuit.
Exchanging Documents: Once we have received the defendant(s)’ Statement(s) of Defense, we each exchange records and documents with the opposing side. Each party to the action is required to disclose all relevant documentation to the other side.
Examinations for Discovery: This is an important procedural step in the litigation process in Ontario. This process is an opportunity for all parties to the lawsuit to find out what the other party’s claim or defense is. It allows parties to gain all of the facts and evidence and gather necessary information to assess the strengths and weakness of the opposing side’s case. At this stage, you must swear or affirm to tell the truth and the lawyer for the defendant has the opportunity to ask you questions about what happened and how it has affected your life. While this stage is often a very difficult process for our clients, it is also your opportunity to tell your story.
Expert Assessments: Oftentimes, we will arrange to have an expert complete a psychological assessment to determine how the sexual assault or abuse has impacted your life.
Mediation: While a lawsuit can settle prior to trial at any point in the litigation process, one of the best opportunities to settle a case is at the mediation. Mediation is an alternative dispute resolution process where the parties meet with a mediator whose goal is to try to negotiate a settlement.
Pre-trial: In the event the mediation has failed, you must attend a pre-trial conference before a judge. The judge will listen to each side, try to encourage settlement and may assist in identifying or narrowing the actual issues for trial.
Trial: Ultimately, if all attempts at settlement have failed, the case will proceed to trial. Should the case proceed to trial, you will be required to give evidence, and will be cross-examined by the defendant’s lawyer on that evidence. Other experts and witnesses will also give evidence. It is up to us, as your lawyers, to argue your case before a judge or jury who make the final decision on liability and damages.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
