The Litigation Process
"We advocate on behalf of our clients to obtain the best care available. While the first priority is to put together a winning case, we consider it our duty to also assist in the recovery process however we can. "
Daniel Corrin
Consultation
A number of factors must be evaluated in order to determine whether or not you have a legal claim, and to determine whether it is appropriate for our office to handle your claim.
Primary Consultation
When you contact us, we will arrange a preliminary consultation by phone or in person. We will discuss three issues: the nature of the injury? proof of liability? is proper care and rehabilitation in place?
Personal Interview
If appropriate, after reviewing this information, we will meet with you in person for a comprehensive interview. Then, we will review all the information that you have relating to the claim. This may include the police report, accident photos, medical records and reports, medical bills, correspondence with the insurance company, and any other information relating to the injury. Or it may include very little information due to the recency of the injury.
Hiring a Lawyer
Should you decide that you want us to handle your claim, and we agree to accept your case, we will negotiate a fair fee agreement with you. In serious cases, we will assist family members to be appointed to legally represent their loved ones who are no longer able to manage their affairs as a result of their injury.
Limitation Periods
A statute of limitations is a period of time in which a lawsuit must be filed. After a limitation period has past, you cannot bring a legal action regardless of its merit. Sometimes a limitation period governing a specific type of claim may be as short as six months or less, although most frequently, the time period for bringing a claim for an injury that occurred in British Columbia is two years. Other jurisdictions have different rules. A limitation period for a cruise ship injury on the ocean depends on the jurisdiction where the cruise line is located. It is also important to be aware that in some cases, limitation periods may be many years long. For example, an infant who suffers a birth injury in B.C. as a result of obstetrical malpractice has until his 21st birthday to commence a legal action against those responsible.
Do not delay seeking legal advice if you or your loved one has suffered an injury or your ability to pursue a claim may be forever barred. Even if a legal action is not limited by statute, a delay in seeking legal advice may also mean a delay in an investigation. Such a delay can mean that vital evidence is forever lost. Do not take chances. Seek advice from a competent lawyer about your injury claim as early as possible.
Paying for services
Legal fees are charged by lawyers on an hourly rate basis or on a percentage (contingent fee) basis. In our firm, our usual practice is to charge on a percentage (contingent fee) basis. The specific percentage depends upon the circumstances of the case and the amount is agreed on between the lawyer and client at the start of the retainer. The B.C. Law Society has strict rules regarding fees, including maximum amounts that may be charged if the charges are by contingency. With a contingent fee agreement, our firm is only paid for our services when we have successfully resolved the claim, by settlement or at trial. In most cases, there are significant expenses for medical reports and other required expert reports. They are often expensive but are necessary to properly prepare the case.
Generally, we will pay for all the legal expenses we must incur for a client, and after the claim is resolved, require those expenses to be reimbursed by the client. If you are interested in finding out what we would charge in a particular case, please contact us. Initial consultations are without charge.
Case Managment
Managing your entire rehabilitation
After any brain injury, families must make many decisions. They will receive a great deal of information in a short time. Given the stress that accompanies brain injury, much of the information may be confusing and only a portion may be absorbed. It may be helpful to hire a case manager or rehabilitation coordinator. This professional's role is to act as an advocate for the survivor, to ensure the survivor is properly cared for, to help reduce pressures on the family and to maintain a cohesive, consistent approach to rehabilitation and care.
Diagnosis and care review
Our first priority is to review the survivor's diagnosis and care. For survivors with catastrophic injury, the appointment of a legal guardian or professional case manager may be necessary and is given early consideration.
Review of accident and circumstances
We go to great lengths to gather complete and accurate information relating to the accident or circumstances resulting from the injury. This includes contacting witnesses, and police, paramedics, and treatment personnel.
A comprehensive review of all medical, insurance or other pertinent records is conducted. Where necessary, the services of trained investigators and an engineer, or other expert, may be engaged to help recreate and understand how the incident happened and who is at fault.
Life Care Planning
It is imperative that utmost attention be paid to future planning and to attaining an appropriate settlement for the survivor's life care.
Planning for life care, predicting the financial costs to support a survivor and providing for the best quality of life possible for the remainder of his or her life, is a complex matter. Without professional guidance, it is easy to underestimate these costs.
Planning considerations
Our firm retains the services of professional life care and financial planners. The purpose of the life care plan is to anticipate and project future needs. These may include health and strength maintenance; pharmaceutical and medical supplies; architectural renovations and transportation; aids to independent living; adjustment, marriage and family counseling; education, career and leisure time planning; future medical and surgical treatment; potential complicating health problems and associated treatment; home or facility care and retirement; home furnishings and accessories; diagnostic testing and educational assessment; vocational and educational planning; orthotics and prosthetics; projected therapeutic modalities and more.
We also utilize financial specialists to determine how best to manage resources to provide for the future needs of the survivor and ensure that the future well being of the survivor and his or her family is fully looked after. They look at immediate costs, future costs, available resources, and make recommendations on how best to structure financial management.
This life care plan is also used in helping to determine the adequacy and fairness of settlement offers. It may also serve as a guide to the allocation of settlement funds.
Your Settlement
The amount of your settlement will be determined by a range of factors. These may include the amount of past and expected future income loss; the amount of past and anticipated care and therapeutic expenses; and subjective factors such as the amount of pain and suffering the survivor has endured as a result of the injury, the loss of enjoyment of life he or she has sustained; how severely the injuries have impacted his or her abilities to think, remember, hear, see, communicate, move, and express feelings; and how the injury has affected creative abilities, the survivor's ability relate to others, to care for him or herself and to make responsible judgments. At the end of the day, when we have tried everything we can to make it better - we recover the maximum dollars for your claim.
Who decides
We encourage our clients to participate fully in establishing the value of the settlement. We fully disclose all issues and important considerations and involve our clients in all decision making. Though there are general similarities, every brain injury is unique and in each case the considerations are different.
Determining how much
Arriving at the value of the settlement of a brain injury claim is a complex process, with many variables. While the survivor's objective deficits and subjective symptoms will be taken into account, the determination of liability, and the how fault may be apportioned, will be key to the case.
Another important consideration will be whether the complaints are consistent with those normally produced by the claimed injury, or if it may be reasonably attributed to something else.
We will also look at whether the medical evidence is compelling, and whether or not the court can be convinced that the injury is the only reasonable explanation for the survivor's condition.
How the plaintiff presents as a witness, and whether the experts are strongly convinced as to the cause of the injury, will also weigh heavily in the equation. Rules of evidence also play a role in what test data and evidence may or may not be allowed into court. Finally, the local attitude of the court toward brain injury cases, the local standard of living and other practical considerations may potentially influence the settlement award.
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