1. How much will the first visit cost?
At the first consultation, you will meet a lawyer who will hear about your case. She or he will ask questions about how you were injured, who was involved, when it happened, and what your injuries were. That will assist the lawyer in figuring out if you can demonstrate someone else was at fault for your injuries, and if you still have time to sue. A preliminary idea of the hurdles you will face in proving fault will be obtained. The injuries you suffered will give the lawyer an idea of what compensation the courts might award you. An important consideration will be how your life has changed: work, leisure, family and community life are all important.
The lawyer will then be able to give you a preliminary idea of whether you "have a case" and its potential value. It is important that you bring as much information to that first visit as you can. The more solid information the lawyer has, the better the idea of the potential of your case you and your lawyer can get at this stage. When you make the appointment ask what you should bring.
You should have a clear and frank discussion about costs and legal fees during this meeting. Remember, the better informed the lawyer is about your case, the better the information you will get at this meeting, including information about costs.
Most lawyers in the personal injury field work on a basis of a combination of contingency fees and retainer. This is because there are two kinds of costs or expenses: first are the expenses that have to be paid for, out of pocket expenses. Those included police reports, hospital records and filing court documents. A retainer is usually requested to assist in paying those expenses on a preliminary basis. Remember, the lawyer only knows what you tell him or her. It is good business to verify information at the outset from independent sources. So you will very likely be asked for a retainer. If you can't pay it all at once, many lawyers will set up a payment schedule that you can cope with. In some cases it will be waived entirely. They will expect repayment of expenses incurred in developing your case, either from the insurance company that pays your compensation, or from your compensation. In a successful case, the lion's share of expenses will be paid by the insurance company.
The second is legal fees. The vast majority of experienced personal
injury lawyers will charge you a percentage of the compensation that is
recovered for you. That is called a contingency fee. The percentage
will depend on many factors, including the size of the recovery, how
difficult the case is, how long it takes to resolve and how much of the
lawyer's own money has to be invested in the case. You should have an
idea of the range of the percentage that will be charged.
Talking about money is difficult for many people, including some
lawyers. But it is important to you so don't be shy. If the lawyer
doesn't raise it, you should. I like to be upfront and frank about
money, so there are no unnecessary worries about it, from either my
client's perspective or my own. An experienced lawyer will give you
good information about costs at that very first meeting.
2. Are there any time limits I should know about?
Generally, you will have two years to start an action if your claim
is after January 1, 2004. However, there may be shorter time limits for
starting actions and certain defendants must have notice of your
intention to start a lawsuit within days of the incident. If your case
involves suing a municipality for failure to remove snow and ice you
must assume you have 10 days to give it written notice. In the case of the
province of Ontario, assume you have to give written notice within 10
days. As a result, you should consult a lawyer immediately
following an incident to ensure that proper notice is provided.
3. What is it worth?
You can recover damages that will compensate you for your economic
losses, your loss of earning capacity, your pain, suffering, loss of
enjoyment of life, and for the loss of a family member's care,
guidance, and companionship. You can also recover expenses associated
with your ongoing care and future needs. Until the doctors give
us your prognosis, or prediction about your child's future disability,
it would irresponsible to give you any specific numbers.
4. What initial steps should I take?
Very often, the conditions that existed at the moment of your injury will be lost if not preserved either by video, photography or retention of involved equipment. Do whatever you can to preserve the evidence. As well, take photos of your injuries, bruises and cuts. They may provide valuable information for your lawyer later on about just how you were injured.
5. If I want to sue and my case is worthwhile; then, what happens?
We would review the financial aspects of the investigation again. It is very important that you have sufficient financial information in order to make this decision. Effectively you are investing money in order to determine if you have a case. This money (retainer) is not refundable in the event the investigation does not support the case.
Retainers create the lawyer-client relationship. These monies are used to finance the investigation which includes:
a. obtaining copies of clinical and hospital records
b. in some instances, pay for court fees
e.g. the statement of claim
c. obtaining medical opinions from experts
6. Is the retainer the only money I pay?
No.
7. Does the retainer cover legal fees?
No.
8. How long will it take to settle my case?
How long a particular case will take to resolve is very difficult to determine. Some of the factors that go into determining how long a case will take to resolve are as follows:
Over my 25 years in practice, I have heard some pretty bizarre stories about how people get hurt. Often times, these people didn’t seek legal advice right away because they thought there was nothing they could do about the injury. Those with brain injuries who couldn’t relate how the injury happened with any precision were very uncertain about getting advice.
Let me tell you about a few who did, just
to illustrate the point: finding out if you have a lawsuit doesn’t hurt and it
can help.
Perhaps the biggest group are those who
were in single car crashes. Who would you sue? Yourself? Of course not. I start from here whenever I
see someone in a single car crash: if you weren’t impaired, then why you were
hurt is a mystery worth finding out about.
[If you were impaired, let’s find out if you visited a tavern that
night. If they take your money, over serve you, send you out into the night
drunk, they are asking for trouble].
Case
#1:
A responsible lady is going to work on a cold winter night. She crosses the center line into the path of an oncoming truck. She can’t remember the crash.
Result: Investigation showed that there was a warning from Environment Canada that night about ice forming due to changes in temperature. The road authority didn’t act on this information and failed to sand the roads until after her crash. Problem was, all around this road authority roads were being salted and sanded in anticipation of the big storm. The case was settled out of court.
Lesson: Responsible people can make
mistakes, but it is worth looking into why.
Case
#2:
A bright young man drives through a stop sign into oncoming traffic. He is sober, alert and otherwise happy and healthy. Why would he do that?
Result: Investigation was delayed until a lawyer was consulted. By then, the intersection had been changed substantially, with an over pass, for reasons unrelated to the crash. It was impossible to recreate what we suspected were deficient site lines at the crash scene. It was settled out of court, but not favourably.
Lesson: Don’t delay getting in to see your
lawyer.
Case
#3:
A child plays and sleds on a hill in her town. The child ends up with a stick in the eye and brain damage, after sledding into a bush. Was this just one of the risks of childhood?
Result: Investigation showed that the hill was a well known place for kids to go sledding. The shrubs were a recognizable hazard. The case was settled out of court.
Lesson: Kids may be kids, but adults still
have to think about and watch out for them.
Case
#4:
A child on a bike suffers a brain injury when he apparently was distracted and fell into a pot hole and flipped over his bars. Turns out he was distracted by the sound of a car starting in a lane beside him. He needs immediate rehabilitation.
Result: although there might be a case against the municipality for the pothole, that would take time to complete. What he really needed was rehabilitation right away. He was able to get auto insurance benefits when an arbitrator found that his injury was indirectly related to the use of a car and qualified for coverage.
Lesson: Make sure even the smallest details are written down and your lawyer hears them. You never know what might change the outcome.
Conclusion
Your lawyer can help more often than you might expect. Remember, virtually all experienced lawyers will give you a free initial consultation. It may be the most important “freebee” you will ever get.