Our Process

Once you Make The Call, we’ll help you expertly navigate the world of Personal Injury Law to help get you what you deserve.

Here, we’ll outline what to expect when we represent you in a Personal Injury Law case. Remember that every case is unique. As Newfoundland & Labrador’s Largest and Most Experienced Personal Injury Law Firm with 40 years of experience, we can assure you that we have the expertise to guide you through this process.

Remember, time is of the essence. There are standardized time periods in which you can file, or state your intention to file a claim. So, Make The Call and reach out as early as you can so we can get you the compensation you deserve.

1. 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.

  • Photos of the accident scene or injuries
  • Defendant/other driver’s information including insurance
  • A copy of your insurance policy
  • Any other documents you believe may be related to the accident

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

2. Investigation and Filing

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:

  • Medical records (both pre and post-accident)
  • Police reports
  • Witness investigations and statements
  • Consultations with experts
  • Documentation of missed work, loss of income, and any other related damages
  • Evidence of how your injury has affected your life

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 and Settlement

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.

Remember that trials don’t necessarily happen in a courtroom – they can take other forms. Your expert lawyer may negotiate at this step through mediation or a judicial settlement conference depending on the circumstances. 

4. Trial Preparation and Trial

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:

  • Preparing witnesses
  • Organizing evidence
  • And even conducting mock trials to anticipate possible outcomes if we think the circumstances of the case warrant it

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 Automobile Insurance 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.