How is a personal injury case initiated?
- Preliminary Matters
- What to do at the scene of an accident?
- What to do after an accident?
- Should I contact police after a car accident?
- How long do I have to report a car accident?
- Should I go to the doctors after a car accident?
- What is a personal injury claim?
- What is liability?
- What do I have to prove to establish negligence?
- The insurance company asked me to sign a records release form. Should I sign it?
- What factors will the insurance company consider when evaluating my claim and formulating an offer?
- What is uninsured or under-insured motorist insurance coverage?
- How long will my personal injury case take?
- Value of Your Case
- How much is a personal injury case worth?
- I have been in an accident but is it worth pursuing?
- How the lawyer evaluates your case?
- What are factors that insurance companies consider while evaluating injury claims?
- How do you determine the value of my claim?
- What damages am I entitled to recover?
- Are there limits on what expenses I can claim as damages in a personal injury case?
- You and Your injury Lawyer
- Do I need a personal injury lawyer?
- Why is it important to talk to a lawyer after an accident?
- When should I contact a lawyer?
- I don’t want to go to court; can a lawyer still help me?
- What kind of accidents do our lawyers handle?
- Is my case big enough for a lawyer to handle?
- Will I have to pay a fee for my lawyer to handle my case?
- How much does a personal injury lawsuit cost?
- How can I help my lawyer to achieve the best outcome in my case?
- What should I bring when meeting with my lawyer for the first time?
- How much contact will I have with my injury lawyer?
- Settlement and Litigation
- How much time do I have to file a personal injury lawsuit?
- How is a personal injury case initiated?
- What happens after a lawsuit is filed?
- What are the different stages of a personal injury case?
- What defences might I have to overcome to win my case?
- What is an examination for discovery?
- What questions will be asked during my examination for discovery?
- What are the elements of a negligence case?
- What is assumption of risk?
- What is a mediation?
A lawsuit is initiated by filing and serving a Notice of Action with Statement of Claim. You, as the injured party filing the lawsuit, are designated as the “Plaintiff.” The person or entity you claim is responsible for your injuries is designated as the “Defendant.” The Notice tells the parties where and when the case will be heard. It also sets out the time limit by which the defendant must respond to the allegations.
The Statement of Claims provides an outline of the plaintiff’s case against the defendant. It outlines who the plaintiff is suing, why he is suing them, and what he is seeking in terms of damages. Once the Notice of Action and Statement of Claim are filed with the court, copies must be delivered to all parties to the lawsuit. This is known as “service of process.”
Once the defendant is served, he typically responds by filing and serving a responsive document called a Statement of Defense. This addresses every allegation made by the plaintiff in the complaint. It may also set forth various defenses to the allegations. These defenses, often referred to as “affirmative defenses,” are the legal reasons why the defendant claims it should not be held liable for the plaintiff’s injuries.
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Find out what you need to know before contacting a lawyer after an accident.