If Hurt in BC By A Driver, Get Legal Advice Before Starting a 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.

Before I explain in more detail the lawsuit process, it’s a good idea to see about getting legal advice before starting a lawsuit. Why? Because if you launch a frivolous lawsuit in British Columbia in BC Supreme Court, you may have to pay some costs, which can amount to a lot money.

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.

If you opt to commence a lawsuit in BC, whether on your own or with legal advice and representation, you have the choice to file your case in either Small Claims Court or The Supreme Court of British Columbia. The way you decide which court to file your lawsuit is based how much damages you’re seeking.

Any claim up to $ 25K belongs in small claims court; otherwise take your lawsuit to BC Supreme Court.

Once you file your pleadings, regardless of which court you file them in, you must serve a filed copy of your pleadings on all the defendants. The way you serve an individual is personal service; that is you or an agent you hire personally hand the filed pleadings to them.

Next you or your lawyer need to let the people you’re suing know about your case. You do this by serving them.

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

Whenever you personally serve pleadings (in BC anyway), you must swear an Affidavit stating when and to whom you served the pleadings. An Affidavit is a document that is a statement or a group of statements sworn. A sworn Affidavit can be admitted into court as sworn evidence.

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

Just so you know, in Small Claims court, the people you sue are called Respondents. It means the same as defendants – a more common term, which is still used in BC Supreme Court.

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.

Although starting a lawsuit isn’t difficult, it’s important you claim your harms and losses properly. Therefore, if you can get legal advice and representation. At the very least take the free consultation offers and learn as much as you can.

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.

We are Abbotsford lawyers since 1982. Since that time Gordon Dykstra has been a car accident lawyer representing injured people throughout BC.

A group of former Wahlburgers employees have filed a class-action lawsuit against the company for withholding wages at the Coney Island branch of the burger franchise. The restaurant is founded by actor Mark Wahlberg along with his brothers Paul and Donnie and it’s the subject of the A&E reality TV series, “Wahlburgers.” The lawsuit, which was filed on Thursday in federal court, claims that wage theft occurred in several ways. A spokesman for Wahlburgers said the company is working ot “better understand the circumstances and help bring this matter to resolution.”


This video was produced by YT Wochit Entertainment using http://wochit.com

Leave a Reply

Your email address will not be published. Required fields are marked *