Civil Litigation law Service

Civil Litigation law is the area of law in which two or more parties engage in a legal dispute seeking monetary compensation or another specific performance rather than criminal sanctions.

In other words, a civil lawsuit occurs when one party is seeking to hold another party liable for some type of wrong. If successful, the claimant will receive some form of compensation from the defendant as a result of the action or inaction and the loss incurred.

Civil Litigation encompasses a broad range of disputes such as those between a landlord and tenant, product liability lawsuits, medical malpractice claims, divorce lawsuits, and personal injury claims.

The Civil Litigation Process in Ontario

Many people find the Civil Litigation process to be very intimidating but having a general understanding of the typical course of proceedings can help eradicate your confusion. The following will give you some insight on some key aspects of the Civil Litigation process in Ontario.

Determining Jurisdiction

The first step in the Civil Litigation process is determining the jurisdiction in which the action should be commenced. This is dependent on the amount of compensation the claimant is seeking. We will advise you as to which jurisdiction is best for your case.

Statement of Claim

The Statement of Claim is prepared by the claimant and essentially launches the litigation process. It describes the facts and legal reasoning as to why he or she believes they are entitled to compensation from the defendant. It is imperative to issue the statement of claim prior to the expiration of the applicable limitations period (two years for most cases).

Statement of Defense

Prepared by the defendant, the Statement of Defense sets out the reasons as to why the defending party believes he or she should not have to compensate the claimant. Your litigation counsel will determine the best legal defense against the Statement of Claim.

Examinations for Discovery

An Examination for Discovery is a proceeding whereby the lawyers from each party ask the other party questions about the issues in the litigation. The examination takes places before an examiner who transcribes the testimony and each party takes an oath to be truthful.

Mediation

During the Mediation session, both parties meet with a neutral mediator who tries to help them resolve the issues in the case. Prior to the Mediation, each party files a brief identifying the legal and factual disputes, their respective positions, and provides copies of the important documents associated with the case. The mediator cannot force the parties to accept a particular settlement. If a settlement is not reached, both parties may request a settlement conference or wish to go to trial.

Accidents can happen at anytime—to anyone—and typically without warning. Personal injury is the legal term use to describe an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts.

PERSONAL INJURY

Types of Personal Injury

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term “personal injury” also includes medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.

Monetary Compensation

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. This system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingency basis,” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential to the success of a tort, as cases can become extremely complex, such as in the event of medical malpractice.

Kazembe & Associates have the experience and knowledge necessary to represent you in your personal injury claims and procure the maximum compensation available relative to your injury.

Our Strategy

We’re proud that our law firm offers top-notch legal services for a nationwide affordable pricing! With us you’ll never feel like the lawyers are just robbers in suits, besides, we win 98% of all cases. So with us, your chances of winning are as high as they possibly can be!

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Thinking

We are devoted to providing the legal profession reasonably priced, professional and court room experience attorneys in all types of civil cases.

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Searching

We can provide qualified and experienced attorneys to you upon short notice for almost any court appearance, both civil and criminal.

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Protecting

We can find attorneys to handle depositions, inspections, trials and who can even help you write your documentation.

Our Related Services

Business Law

Professional help with financial, commercial, tax disputes and other complex business issues.

Civil Litigation

Your civil rights will be defended and represented on the highest level with the best outcome.

Frequently Asked Questions

We’re proud that our law firm offers top-notch legal services for a nationwide affordable pricing! With us you’ll never feel like the lawyers are just robbers in suits, besides, we win 98% of all cases. So with us, your chances of winning are as high as they possibly can be!

We aim to support families in resolving their own disputes. We ensure professional consultancy and result.

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Excellent Customer Service

Dealing with the legal system is often an overwhelming experience, which is why Kazembe & Associates  emphasizes client communication and personalized service.

Knowing what is happening at all times and having the intricacies of your case explained in approachable language can greatly reduce the stress of your various legal issues.

Kazembe & Associates are committed not only to procuring you an advantageous decision but also to helping make your legal and court experience as stress-free as possible.

A Reputation for Excellence

Drawing on decades of experience and a commitment to legal excellence, Kazembe & Associates is acclaimed for its professionalism, robust advocacy, commitment to clients, and most importantly, an excellent track record of courtroom successes.

When it comes to legal issues that will have a lasting effect on your future, you can’t afford to take on sub-par representation.

Our clients know that when they turn to us for counsel, they will receive the best legal services available and can rest assured that they will be adequately represented.

The strength of our firm lies in our team’s extensive experience, knowledgeable, and unimpeachable records.