Steps To Take If You Plan To File A Personal Injury Lawsuit
The person that has filed a personal injury claim normally negotiates with the lawyers that are representing the defendant. If the negotiations fail to lead to a settlement, the claimant must give thought to filing a personal injury lawsuit.
Where to file
If you seek no more than $3,000 to $15,000, then plan to file in small claims court. Otherwise, you will need to file in a regular court. Be sure to submit your filing papers at a court that is close to where you live.
Procedure for filing lawsuit in a regular court
ICBC Lawyers in Coquitlam will file a personal injury complaint. Give it to the clerk of the appropriate courthouse. Pay the filing fee. You need to provide the defendant with a copy of the papers that you have filed. Get proof that you have served the defendant with those papers. File that proof with the court. You will now wait for the defendant to file an answer to your complaint. Once you have received that answer, then you can schedule the discovery process.
Is it possible for the 2 sides to reach a settlement after the filing of a lawsuit?
Yes, the legal system has been set-up to allow for the creation of an agreement at any stage of the lawsuit, and even of the trial process.
If negotiations fail, is the filing of a lawsuit the only option open to the claimant?
No, if the other side agrees, the claimant can face the opposing party at a mediation session. That is a meeting at which a 3rd party, a mediator is present. The mediator focuses on the strengths of each side’s argument. That approach is taken in an effort to bring the 2 sides together.
Normally, each party brings his or her lawyer to the mediation session. For that reason, a claimant needs to consult with a lawyer, even if he or she does not plan to file a personal injury lawsuit.
Risks taken by a claimant that does not consult with and hire an attorney
The claimant might overlook a significant aspect of his or her case. For instance, the claimant might have assumed that no passenger suffered an injury, because the driver remained uninjured. It could be that some passenger did get injured.
According to the stature of limitations, a personal injury lawsuit must be made before a given deadline. Still, that deadline could be extended, if any of the injured victims were under the age of 18. In that case, the deadline gets extended to a point 2 years after the young victim’s 18th birthday.
Some conditions are slow to develop. Moreover, some have symptoms that are hard to note, when they appear in the actions of a younger person, especially a teenager.