Starting a Personal Injury Lawsuit

Everyday people get hurt in BC due to the negligence of someone else. The recourse for the hurt people is to sue.

In order to sue another person, whether an individual, corporation, or partnership, you must file a Writ of Summons and Statement of Claim with the Courts. The Writ of Summons and Statement of Claim are called pleadings.

Since your case as set out above is an injury case, you can probably get a free consultation with a lawyer. Take advantage of this and learn what you can about your case. You may even want to hire the lawyer.

Meeting with a lawyer places no requirement that you hire the lawyer or the firm. However, unless there is an offer for a free consultation, you may be expected to pay for the consultation. Ensure it's free before going.

How do you get your injury lawsuit going in a BC court?

If you're looking for up to $25,000, then you file your case in BC Small Claims Court. If you are claiming for more than $25,000, then you file in the Supreme Court of British Columbia.

Filing is getting your claim stamped at the court registry. The stamp is pretty simple - it shows the court and the date. You'll also get a number assigned to you case.

Serving is pretty basic - you just hand the court-filed paperwork in-person to the individuals you're suing.

Serving an individual is a matter of handing them a copy of your court-filed lawsuit documents.

If a defendant in your case is a partnership or corporation, you can send a filed copy by registered mail. This counts as service.

What is the technical term for the people you sue? They are called defendants in Supreme Court and Respondents in Small Claims.

A Statement of Defence is exactly what the name implies - a statement or statements laying out the defence or defences that will be advanced by that particular defendant(s). A Statement of Defence, is filed in the same court registry as the Writ of Summons and Statement of Claim filed by the injured person. Speaking of injured person; a person who commences a lawsuit is called the plaintiff. The person defending, is called a defendant.

If the defendants don't bother to file a defence, you can pursue default judgment. If you succeed getting default judgment, then you simply need to have your claim assessed and then you lodge your judgment in court and pursue collecting on your judgment.

Usually you won't get a default judgment. Once you receive a statement of defence, your lawsuit is off to the races. The exact steps from this point forward depends on which court you filed your claim.

As you can see, advancing a personal injury lawsuit requires some legal experience; however, there is plenty of legal information available to do your own lawsuit. That said, most people who get involved as a party in a personal injury lawsuit get legal advice and representation. Many personal injury lawyers offer a free consultation and will offer legal advice and representation and in return will get a percentage of the amount of compensation received.

Some lawyers won't take a Small Claims case on; others will. Either way the personal injury standard these days is that the lawyer's legal fees are a portion of the amount of compensation the lawyer obtains.