Personal Injury Litigation Support for Life’s Unexpected Moments

Personal injury insurance and accident benefits typically cover medical costs, income replacement and other losses following an injury, and in many provinces this coverage applies regardless of who was at fault for the accident. What's covered, and how much, depends on the jurisdiction and the specific circumstances of the claim: some losses are calculated using a set formula under provincial accident benefits rules, while others, like income loss beyond what accident benefits cover, need to be independently quantified using employment records, tax returns and other supporting documentation. This is where an economic loss calculation comes in, working out the full financial impact of the injury rather than relying on the insurer's initial assessment alone.

Litigation support in a personal injury lawsuit is the accounting and financial analysis work that helps a claim move through negotiation, mediation or trial: calculating past and future income losses, preparing expert reports, critiquing the opposing side's expert opinions and, where needed, providing expert testimony. These calculations draw on employment records, tax returns, pension information, vocational evidence and future care recommendations, depending on what losses are being claimed. A schedule for settlement is often the first deliverable, summarizing the economic damages in a format lawyers, insurers and claimants can use to evaluate the claim before it goes further. If the matter proceeds toward litigation, that same analysis is developed into a full expert report, with our senior loss accounting team available for examination for discovery and, if the matter reaches trial, to provide testimony.

A schedule for settlement is a financial assessment used to estimate economic damages in a personal injury claim or personal injury litigation matter. It typically summarizes income loss, pension loss, collateral benefits and other economic damages in a concise format that helps lawyers, insurers and claimants evaluate the financial aspects of a claim before mediation, negotiation or trial. Building one means reviewing employment records, tax returns, benefits information and, where relevant, vocational and medical evidence, then translating that documentation into a single figure each economic category can be checked against.

Davis Martindale prepares independent schedules for settlement for both plaintiff and defence matters, applying the same objective, evidence-based methodology regardless of which side retained us. Where a claim doesn't settle, the same schedule typically forms the basis for a fuller expert report prepared for litigation, so the early work isn't wasted if the file moves forward.

Insurance payouts are not the only money a person might receive after an injury. Disability insurance, sick pay and certain government benefits can factor in too. These are called collateral benefits: payments from another source because of the injury, separate from the personal injury claim itself. In a personal injury claim, collateral benefits usually need to be accounted for when calculating economic loss, since the goal is to work out the claimant's actual net financial loss rather than double-count income already replaced from elsewhere. How collateral benefits are treated depends on the type of benefit and the jurisdiction. Many collateral benefits trace back to the accident benefits claim itself, particularly for motor vehicle accidents — see our Motor Vehicle Insurance Claims page for how those benefits are calculated.

Waiting for an injury claim to settle can be one of the hardest parts of the process, especially when you are also managing medical appointments, lost income, and an injury that has not fully healed. The honest answer is that no two claims follow the same timeline. A straightforward claim with clear medical records and little dispute over fault may settle sooner, while a serious or catastrophic injury often takes longer because the full extent of the loss may not be clear until treatment has progressed. Disputed benefits and the time it takes to gather records can also affect the process.

What we can control is our part. Our senior loss accounting team prepares your settlement numbers as soon as the necessary records are available, helping ensure your file is never waiting on us. If you want a realistic sense of where your claim stands, it is worth having that conversation with your lawyer and our team early in the process rather than partway through.