What to Expect

1. Free Initial Conversation

First off, reach out to us for a free consultation. We’re here to listen.

Our team of expert Personal Injury Lawyers will make sure you’re heard and will answer any questions you have. You’ll leave with a better understanding of all of your legal options. We’ll give you an honest, initial assessment of your case’s strengths and weaknesses before we proceed with any follow-up appointments.

While we don’t require you to have anything formally prepared, we suggest that you have the following – it will help us help you get your case moving more quickly.

If you don’t have all of these things together, don’t worry! The first step is always talking to us.

2. Investigation and Claim Development

Together we’ll explore your options and decide if we believe there’s a case. Then the formal legal process begins. We’ll need all of the necessary evidence and information – ranging from:

Then we’ll start the proceedings, making sure that everything is meticulously documented and properly filed. We’ll even take care of securing all of the required documents so you can focus on your recovery.

3. Negotiation

A large number of cases are resolved at this step, but not all. We’ve already expertly built the case, so we’ll negotiate directly with insurance companies or opposing parties to ensure you get what you deserve. You’ll be there every step of the way. We’ll keep you involved in the process and give you updates at critical milestones. Discoveries often happen at this phase and we’re here to guide you.

It’s absolutely crucial to have an experienced Personal Injury Lawyer during this step as the legal process becomes more complicated. Insurance companies can be challenging to work with, but we’ve fought these cases for over 40 years. We’ll ensure your rights are protected and you receive the compensation you rightfully deserve.

Your expert lawyer may negotiate at this step through mediation or a judicial settlement conference depending on the circumstances. 

4. Litigation and Discovery, if Necessary

If a claim cannot be resolved through negotiation, it may be necessary to start a court action. Beginning litigation does not necessarily mean that your case will go to trial. Many cases continue to settle after a lawsuit has been started.

During the litigation process, both sides exchange relevant documents and information. This may include examinations for discovery, where the parties answer questions under oath about the accident, injuries, treatment, financial losses and other issues relevant to the claim.

We will prepare you for each step, attend with you during discovery, explain what to expect and continue to negotiate on your behalf where appropriate. If the claim still cannot be resolved, the matter may proceed to trial.

5. Trial, if Necessary

If the case isn’t settled through negotiations, the case may proceed to trial where we’ll thoroughly prepare your case to present to the judge or jury. We don’t just file papers and show up on your court date; we’ll go through extensive preparation that includes:

Then we’ll start the proceedings, making sure that everything is meticulously documented and properly filed.

How long do I have to file a claim after an accident?

Different types of Personal Injury claims have different regulations with regard to the timeframe available to make a claim. However, our advice is to begin the process as soon as possible.

In Newfoundland & Labrador, as in other provinces, any claim brought before the courts must be filed within a certain time period following the incident at issue or the right to claim is extinguished. That’s why the days, weeks, and months following an accident are crucial from a legal standpoint.

Let’s use auto accidents as an example. Newfoundland & Labrador’s Limitations Act establishes that all claims for accident victim compensation must be made within two years of the event.

However, while accident victims can still file a claim within two years of their accident, changes to legislation introduced at the beginning of 2020 also state that accident victims are required to provide legal notice of their intention to make a claim within 120 days of an accident.

Failing to do so doesn’t mean the claim is forfeited, but it may impact the compensation amount. These legislative changes also require that claimants provide certain medical and other documentation to insurance companies within very specific timeframes.

Even if you haven’t given legal notice of your claim within 120 days of the accident, it’s not too late to contact a Personal Injury Lawyer. Our team at Roebothan McKay Marshall can still help you receive fair compensation for your injuries. At Roebothan McKay Marshall, we have the knowledge and experience you need to ensure that your claim is handled properly and professionally. We take care of dealing with the insurance companies – so you can focus on getting better.

Post Trial: What happens if I need an appeal? What if the other side appeals?

There’s always the chance that if a case gets to trial, the post-trial period may have additional legal actions. Motions and opposing motions may be filed on either side and this requires proper legal attention. There are varying regulations for different types of cases and outcomes and we’ll make sure that you have all the information regarding what to expect.

If the outcome of your trial is not favourable, our lawyers will candidly discuss all possibilities, including the likelihood that an appeal is worth pursuing. With any of our clients, our goal is to make sure that all legal options are considered and pursued to protect your rights, interests, and livelihood.

If the outcome of your trial is favourable to you but there is an appeal from another party, which is very rare, our lawyers will fight to maintain the original decision.

It is very important to reiterate that most cases are settled before trial. Personal Injury Cases rarely get to a courtroom and, as experienced lawyers, it’s our duty to set proper expectations during the initial consultation and investigation processes where we can give insight.

Decades of Experience

For over 40 years, Roebothan McKay Marshall has been fighting on behalf of injury victims across Newfoundland & Labrador.

As Newfoundland & Labrador’s largest and most experienced personal injury law firm, we’ve won thousands of personal injury cases – totalling over $1 billion in compensation for accident victims across the province.

Our legal team is here to explain how insurance works in our province, explore what types of benefits are available, and support you every step of the way. Our personal injury lawyers will negotiate with the insurance company on your behalf to ensure you receive the financial compensation you deserve.

Make the Call today. It costs nothing to talk.

Contact us now

When You Make The Call

When you’ve been injured in an accident, knowing what to do can be overwhelming. That’s why it helps to contact an experienced Personal Injury Lawyer as soon as possible. Our team at Roebothan McKay Marshall will listen to your story, answer your questions, and provide you with the clear information you need right now.

1. Free consult

When you reach out to us, we’ll set up an initial call to discuss your accident and answer your questions. We’ll explain what to expect, what type of compensation you may be entitled to, and what to do next.

2. No settlement, no fee

With a contingency-based fee arrangement, you don’t pay any upfront or hourly charges. There are no legal fees unless your case is settled.

3. A trusted advocate

You’ll have our team by your side, every step of the way. For more than 40 years, we’ve been helping Newfoundland & Labradorians navigate life after an accident — you won’t have to go through it alone.