Personal Injury News

Injury Claimant did not Hire a Lawyer and has His Claim Dismissed on a Technicality

Ahmed v. Carrere, 2010 BCCA 409
Hiring  an affordable and competent injury lawyer is critical to the outcome of your case. The following case may never have gone to court had this injury claimant hired an injury lawyer and received proper legal advice.  The injury claimant appealed the order striking his lawsuit  but failed to file a proper claim.
The Appeal Court observed that the procedure of the  trial  judge reflected the fact that the injury claimant did not have an injury lawyer and  that, in the interests of justice that the injury claimant be permitted one final opportunity to set out a reasonable cause of action in a proposed revised statement of claim.
The court went on to find:

“We have embarked upon consideration of this submission willing to make some allowance for the difficulties that may be encountered by a self-represented party seeking to pursue an action based upon alleged deficiencies in the delivery of medical service. Nonetheless, it is basic to the trial process that the pleadings must disclose a claim that is known at law, one that if proven will support the remedies sought.”

Unfortunately the court went on to dismiss this claim and the injury claimant, with no lawyer, will now be responsible for paying the expenses of the lawsuit and a contribution toward the other sides legal fees. Posted by Mr. Renn A. Holness
Issue: Should injury claimants that do not hire a personal injury lawyer get a second  chance when their case gets dismissed?


2 responses to Injury Claimant did not Hire a Lawyer and has His Claim Dismissed on a Technicality

  • MN Attorneys

    December 22, 2010 8:25pm

    I absolutely love the design of your website. Did you create this web page design and layout yourself? It's perfect for this kind of website! Impressive.

  • Personal Injury Lawyer Not Permitted to Guide Jury on the Value of the Claim for Pain and Suffering « Holness Law Group Blog

    September 28, 2010 5:29am

    [...] is a good opportunity to review some basics on how your ICBC personal injury claim may be presented in front of a jury.  In British Columbia any party to a lawsuit involving personal [...]

Leave a Reply

Your email address will not be published.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

Contact Us

*lawyer confidentiality assured