A Statement of Claim is a legal document filed with the Court to formally initiate a lawsuit against a party who has caused you injury, financial loss, or any other harm that is compensable under the law.
By the time you are considering suing someone, you have likely been engaged in a dispute with that party (or their lawyer or insurance adjuster/representative) for some time, and it appears unlikely that you will be able to agree on what is owed or how to resolve the dispute. It is important to note that starting a lawsuit does not mean that Court becomes your only avenue for achieving a resolution or compensation for your injuries and/or losses. In fact, one of the primary goals of the Rules of Civil Procedure, a regulation that governs the Court process in Calgary , is to encourage parties to resolve their claim out of Court and as early in the legal process as possible. This saves time and money for everyone involved, including the judicial system.
From a practical standpoint, filing a Statement of Claim allows you to continue trying to resolve your dispute out of Court, with or without the assistance of lawyers and mediators, while providing you with the ultimate backstop of a trial in the event an agreement cannot be reached. It also signals to the other party that you are serious about seeking what you are owed, and imposes consequences on that party should they fail to respond or participate in the legal process.
Here are the key items you should consider when preparing to file a Statement of Claim in Calgary:
1. When is the deadline for filing a Statement of Claim?
Generally, you have two years from the date you suffered an injury or loss (or ought to have known you suffered an injury or loss) to file a Statement of Claim. This deadline is called a limitation period. If a legal action is not commenced before the expiry of the limitation period, you lose your right to claim and recover compensation (called damages in the legal process) against the person who wronged you.
The purpose of imposing a limitation period is to balance the rights of both sides in a dispute: the party who has been wronged (the Plaintiff) has the right to sue for damages, while the party who has been sued (the Defendant) has a right to finality and certainty. The latter means that a potential Defendant cannot be expected to wait indefinitely to see if legal action will be taken against them, nor can they be expected to retain the evidence they may need to defend against a lawsuit in perpetuity. As with many rules, though, there are exceptions to the general two-year limitation period, and these can serve to either shorten or extend your limitation period depending on the type of claim you are making or the party you are suing. If you aren’t certain what your limitation period is for your case, it is best to seek legal advice from a reputable firm like Car Accident Lawyer Calgary as soon as possible to ensure you don’t become barred from seeking recovery.
2. What is the value of your claim?
It is essential to determine how much money you are seeking before you start preparing any paperwork, as this will govern the form you are required to use and the Court that will hear and decide your claim. In Calgary, if you are seeking damages of $35,000 or less, your claim must be filed with the Small Claims Court. If you are seeking damages exceeding $35,000, you must file your claim with the Superior Court of Justice.
For personal injury claims, there are many categories of damages that make up the total amount claimed. For more information on types of damages, please consult with the experienced personal injury lawyers at Car Accident Lawyer Calgary.
3. What form should be used?
The Superior Court of Justice provides a template Statement of Claim (Form 14A) that can be used to initiate a lawsuit in Calgary. It is important to ensure that all necessary information is included in the Statement of Claim, as any deficiencies may result in delays or the need to amend the document later on.
Filing a Statement of Claim can be a complex process, especially for those who are not familiar with the legal system. If you have been injured or suffered a loss due to someone else’s negligence or wrongdoing, it is highly recommended that you seek the advice and assistance of a knowledgeable personal injury lawyer.
At Car Accident Lawyer Calgary, our team of experienced attorneys is dedicated to helping accident victims navigate the legal process and secure the compensation they deserve. We offer free initial consultations and work on a contingency fee basis, which means you don’t pay unless we win your case.
If you have questions about filing a Statement of Claim or any other aspect of your personal injury case, don’t hesitate to contact Car Accident Lawyer Calgary today. We are here to help you every step of the way and ensure that your rights are protected throughout the legal process.
4. What information should be included in a Statement of Claim?
A Statement of Claim should provide a comprehensive overview of your case against the Defendant(s). It must include (1) the facts of the case, (2) the legal basis for the claim, and (3) the relief you are seeking, including the amount of damages claimed.
5. How is a Statement of Claim filed?
In Calgary, a Statement of Claim can be filed online or in person at the Superior Court of Justice, any time before the expiry of the limitation period. Please note that a filing fee will be payable at the time of filing, and the amount may vary depending on the type of claim and the court location.
6. What happens after a Statement of Claim is filed?
Once you file a Statement of Claim, you must serve it on the Defendant(s) within six months, generally by leaving it with the Defendant(s) in person or sending it to them by an approved alternative method, such as registered mail or courier. If you do not serve your Statement of Claim on time, in keeping with the principle behind limitation periods, you will be barred from seeking recovery. It is possible to apply to the Court for an extension to serve your Statement of Claim, but you must bring your application before the six-month deadline.
You may still engage in negotiations or mediation to try to settle your matter out of Court before your Statement of Claim is served, and certainly afterwards. Once your Statement of Claim is filed, you have initiated a legal process that will run in tandem with any dispute resolution mechanism you engage in. Settlement agreements can be reached at any stage of the legal process, which includes:
- The filing and service of a Statement of Defence by the Defendant(s), which serves as their formal response to the Statement of Claim. The deadline for serving this document ranges between 20 days and 60 days, depending on if the Statement of Claim is served on the defendant(s) in Calgary, outside of Calgary but in Canada, or outside Canada.
- The exchange of all relevant and material information in the possession of each party with all other parties named in the Statement of Claim, a process known as discovery;
- The questioning of each party to uncover relevant and material information to the claim, often referred to as examinations for discovery; and
- The trial of the claim.
Needless to say, there are several steps and potential processes involved to get from the point of injury or loss to the point of resolution and compensation. If you have been put in the position of commencing a lawsuit, the experienced team of lawyers at Car Accident Lawyer Calgary can help you assess the value of your claim, ensure your Statement of Claim and all other Court documents are properly prepared and filed, and navigate the Court and dispute resolution processes efficiently and strategically to obtain the best possible result.
Our personal injury lawyers understand the complexities of the legal system and are dedicated to helping accident victims secure the compensation they deserve. We offer free initial consultations and work on a contingency fee basis, which means you don’t pay unless we win your case.
If you have questions about filing a Statement of Claim or any other aspect of your personal injury case in Calgary , don’t hesitate to contact Car Accident Lawyer Calgary today. We are here to help you every step of the way and ensure that your rights are protected throughout the legal process.