Legal Question in Personal Injury in Canada

waiting for settlement or judgement

I was hurt in a MVA in Feb. 2003. I sustained a whiplash, head injuries and lower back injuries. I visited a lawyer in 2005 who said the case would take 2 years. I actually had to stop working in Feb. 2006 because of severe headache pain that still is unresolved. I have had every treatment and headache medication available and still have severe headaches. The insurance company's independent medical examiner stated that he believed the cervicogenic headaches were sustained as a result of the accident and that I cannot teach anymore and should look at alternative job opportunities. I applied to an online course to be retrained, was accepted, sent a letter to my lawyer, had my neurologist send a report stating I have ''chronic headaches'' - every report from every Doctor says I have chronic headaches. I am very tired of ''waiting'' for either a settlement or judgement. What is the difference between the two? I do receive 1,600.00 a month in income replacement now.


Asked on 4/16/07, 7:09 pm

1 Answer from Attorneys
Tiziana Parente Gluckstein & Associates LLP

Re: waiting for settlement or judgement

A settlement can occur between the two parties at any point in the litigation, but it most often occurs at a mediation. A judgment is something that is ordered by the Court if your case goes to trial. Your income replacement benefit comes from your own insurance company and forms part of accident benefits you are entitled to. If you were not at fault for the accident your lawyer would have sued the other driver involved for negligence and claimed damages for your pain and suffering as well as any economic losses and special damages you may have incurred. That is called a tort. Hope this helps to clarify things.

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Answered on 4/17/07, 10:12 am


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