People in British Columbia usually get injured every now and then due to carelessness by somebody else. People normally opt to go to court anytime they get injured. It is legally acceptable for anyone who gets injured in an accident or injuries associated with work to get compensated. A lawyer is needed to guide you through the entire process until you get compensated.
There is a procedure for prosecuting a person or a corporation. You need to file a writ of summons as well as an account of claim with the court. Afterwards, you can look for your preferred lawyer of choice who will help you to understand your case. Some lawyers will charge a consultation fee. However, some lawyers offer free consultation on such matters. You will be able to hire the best lawyer only when you are well informed about your lawsuit.
Let us explain some of the terminologies used in the court processes. To file a claim refers to the process of having your court paperwork stamped at the court registry. The stamp has the details of the date as well as name of the court where filing has been done. Normally you will have a number given to your case. You can thereafter serve your defendants with the court papers. The process of serving requires you to give court papers to your respondents. You can either deliver the paperwork in person or send the copy through a registered mail. The person sued in a supreme court is normally called a defendant. Nevertheless, if you are dealing with smaller claims, the sued person or institution will be called a respondent. The person who initiates a claim is called a plaintiff.
The defendant may decide not to file a defense. In such a case, you will be required to follow a default judgment. This means that you will be required to have your lawsuit evaluated, before you end up collecting on the ruling. Nonetheless, a default judgment hardly occurs. A defendant files a defense by providing a statement of defense in the same court that the plaintiff filed his claim. From this point onwards, the steps that your case follows depends on the type of court that you filed your complaint. Every court goes through different phases before giving its final judgment.
Filing and following a personal injury claim is not an easy task. It needs good legal knowledge and skills. That is the reason why a lawyer is needed to give the necessary legal advice as well as representation in court. It should not be a problem for you to hire a lawyer because he or she gets paid after the case is determined and compensation is done. Lawyers usually receive a portion of the total amount received as compensation.