Do you need a Windsor Ontario Personal Injury Lawyer? Call the experienced Windsor Personal Injury Lawyers at Paciocco& Mellow today! We can be reached at (519) 915-SORE(7673).
If your lawsuit is issued at the Superior Court of Justice in Windsor, Ontario, your lawsuit will include a step know as Mandatory Mediation. Mandatory Mediations requires all the parties and their lawyers to meet together with a mediator during the course of the lawsuit to attempt to settle the claim. This step must take place before the action can be set down for trial. The Windsor Ontario Personal Injury Lawyer from Paciocco& Mellow who handles your case has attended many Mandatory Mediations and will work with you to obtain for you a very favourable settlement at the mediation. Our Car Accident Lawyers, Dog Bites Injury Lawyers and Slip and Fall Injury Lawyers Windsor have obtained many favourable settlements in the past and can do the same for you.
The Windsor Ontario Personal Injury Lawyer from Paciocco& Mellow who handles your claim will meet with you in advance of the day of the mediation to prepare you for the mediation process. Your lawyer will prepare a Statement of Issues which will be submitted to the mediator in advance of the mediation. The lawyer for the defendant will do the same. The Statement of Issues contains each side’s evidence and position on the key issues in dispute. The mediator review each party’s Statement of Issues before the mediation so that he or she is familiar with the issue in the case. The mediator is not a judge and will not decide whether you win your case or how much you get. The mediator is there to help the parties come to a mutually agreeable settlement.
Mandatory mediation will normally take place at office of the plaintiff’s lawyer. The mediation usually begins with all the parties, their lawyers and the mediator meeting in one room. Each lawyer will give a presentation concerning their client’s case. The mediator may ask questions to help clarify the issues in dispute. After the initial presentations are complete, each side goes into a separate room and the mediator carries offers back and forth. The mediator may also provide his or her thoughts to each of the parties. However, the mediator does not tell the other side anything that is discussed in the private rooms without the permission of that party.
Mediation is also conducted on what is known as a Without Prejudice basis. This means that if the mediation fails, neither party can bring up anything that happened at the mediation later in the lawsuit. Offers made during the mediation process, which are not extended, are off the table once they are rejected. If mediation fails, the parties continue on to court as if the mediation never happened.
It is very common for actions to resolve at mandatory mediation or shortly thereafter. As such, mandatory mediation is one of the most important steps in any lawsuit. The experienced injury lawyers at Paciocco& Mellow will make sure that full advantage is taken of the mediation process.
Windsor Injury lawyers
The Windsor Injury Lawyers at Paciocco& Mellow will make sure that your claim arising from an accident is properly prepared and that all the evidence needed to prove your claim is collected. Whether you are looking for Car Accident Lawyers, Sports Injury Lawyers, Wrongful Death Lawyers or any other type of injury lawyer, we can help.
Often the most contentious issue in a personal injury lawsuit is the severity of the injury. The records of your family doctor, any hospital you have received treatment at, any specialist you have seen and other types of healthcare providers such as physiotherapists, massage therapists and chiropractors which you have seen following the accident will be used to demonstrate the severity of your injury. The records and opinions of these “treating” healthcare providers often carry great weight with the judge and jury at trial. However, it is sometimes necessary to obtain the opinion of an expert with special experience dealing with your particular injury and preparing reports for use in court.
The Windsor Injury Lawyers at Paciocco& Mellow have access to all the types of experts that may be required to support your claim. If we decide that you need to see such an expert, we will make all the necessary arrangements for you. The expert will examine you in person prior to preparing his or her report. Some experts will conduct the examination in Windsor, but it may be necessary for you to travel to London or Toronto to see the expert. Paciocco& Mellow will normally pay for all the expenses associated with the expert examination. These expenses are then recouped by Paciocco& Mellow from the settlement funds.
The defendant’s lawyer may also request that you be examined by an expert of their choosing. This is known as a defence medical examination. The courts require that you, as the injured party, submit such defence medical examinations so long as they are reasonable. Generally speaking, the defendant will only be able to request one examination from each relevant discipline and in most cases the maximum number of defence medical examinations requested is two. However, each claim is different and you may have to submit to more than two such examinations. The Windsor Injury Lawyers at Paciocco& Mellow will make sure that any defence medical examinations are reasonable and that you are fully compensated for any expenses associated with attending these examinations.