Every day, people in BC get hurt due to someone else’s negligence. The recourse for injured people is to sue.
To sue another person, be it an individual, corporation, or partnership, you must file a Writ of Summons and a Statement of Claim with the Courts. The summons and statement of claim are called pleadings.
Since your case, as stated above, is an injury case, you can probably get a free consultation with an attorney. Take advantage of this and learn what you can about your case. You may even want to hire an attorney.
Meeting with an attorney does not require you to hire the attorney or the firm. However, unless there is an offer for a free consultation, you may have to pay for the consultation. Make sure it’s free before you go.
How can you take your injury claim to BC court?
If you are looking for up to $ 25,000, then present your case in BC Small Claims Court. If you are claiming more than $ 25,000, file with the Supreme Court of British Columbia.
Filing is stamping your claim in the court record. The stamp is quite simple: it shows the court and the date. You will also receive a number assigned to your case.
Service is pretty basic – just serve the documentation filed with the court in person to the people you are suing.
Serving an individual is a matter of giving them a copy of your lawsuit documents filed with the court.
If a defendant in your case is a partnership or corporation, you can send an archived copy by certified mail. This counts as a service.
What is the technical term for the people you sue? They are called Defendants in the Supreme Court and Small Claims Defendants.
A defense statement is exactly what its name implies: a statement or statements that set out the defense or defenses that particular defendant (s) will present. A Defense Statement is filed in the same court record as the Summons and Statement of Claim filed by the injured person. Speaking of injured person; a person who starts a lawsuit is called a plaintiff. The person who defends is called the accused.
If defendants don’t bother to present a defense, you can pursue a default judgment. If you are successful in obtaining a default judgment, then you simply need to have your claim evaluated and then file your judgment in court and continue to collect your judgment.
Generally, you will not receive a default judgment. Once you receive a defense statement, your lawsuit will begin racing. The exact steps from this point forward depend on which court filed your claim.
As you can see, advancing a personal injury claim requires some legal experience; however, there is a lot of legal information available to file your own lawsuit. That said, most people who get involved as a party in a personal injury lawsuit obtain legal advice and representation. Many personal injury attorneys offer a free consultation and will offer legal advice and representation and, in return, get a percentage of the amount of compensation received.
Some attorneys will not take a small claims case; others will. Either way, the personal injury standard these days is that the attorney’s legal fees are a part of the amount of compensation the attorney gets.