What legal action is involved in a claim for personal injuries?
There certainly are cases involving claims for personal injuries where your lawyer is able to settle your claim directly with I.C.B.C./the insurance company’s adjuster, without the need to commence a lawsuit. In many other cases, however, your lawyer will find it necessary to file papers and commence a lawsuit. This does not mean that your case will in fact end up being tried in a courtroom. Statistics tell us that of all of the personal injury insurance claims filed in British Columbia and Alberta, only a tiny fraction actually get to trial. The prosecution of the lawsuit is your lawyer’s responsibility. He has the required skill to ensure that your case is prepared in the proper legal manner for the possibility of a court case. It is his job to file the necessary court papers, and obtain the evidence supporting your claim. This is what you are paying him for. If your case does proceed to trial, it is his job to subpoena the witnesses and present your case in court.
