Ottawa Car Accident Lawyers - Ottawa Trip and Fall Lawyers - Use of Experts in Personal Injury Cases - by: Marc-Nicholas Quinn
Suffering a personal injury (or injuries) can have a significant and sometimes life changing impact for the person affected and for their family. In such circumstances, as an injured person, you deserve the assistance of knowledgeable and experienced personal injury lawyers who will take all steps necessary to secure all compensation that you need and deserve. Your personal injury lawyer should try to achieve the best possible outcome for your personal injury claim. In most cases, this means soliciting the proper experts needed to assist in maximizing the compensation you deserve. As personal injury lawyers, we cannot determine certain aspects of an injured person’s claims without consulting certain personal injury experts. For instance, personal injury lawyers require health care providers to provide opinions on the injured’s person’s injuries, diagnosis, prognosis and treatments completed and to be completed. Injury lawyers require actuarial experts to calculate past and future losses of income and/or business losses. Accident lawyers require experts to calculate future costs of providing medical care. Experts are often needed to prove liability (an engineer who provides an opinion that stairs are defective for instance).
Courts and personal injury lawyers use experts in almost every injury case. Experts provide expert opinions upon which injury lawyers and courts can rely to make certain determinations such as liability, extent of injuries and amount of financial losses suffered. Experts can be qualified because of accreditation, education, experience and training or simply by specific experience in a given field. To give evidence, experts must be formally qualified as an expert by a judge if the matter is at trial. An expert witness, (sometimes called a professional witness) is a witness who, by virtue of their education, experience, training and skill is believed to have sufficient expertise and specialised knowledge in a particular subject beyond that of the average lay person. That knowledge is significant so that others, such as courts (judges) and lawyers can safely and with good conscience rely upon as expert evidence within the scope of the expert’s expertise to assist in making certain determinations about the case.
At Plant Quinn Thiele Mineault Grodzki PC, we will always take every positive step needed to ensure that your claim is handled the right way, including locating and hiring the best experts available to provide expert opinions and testimony required to maximize your chances of receiving fair compensation for injuries you suffer.
Call us at 613-315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com. Ottawa Accident and Injury Lawyers: www.ottawapersonalinjurylawyernetwork.com.
Saturday, August 28, 2010
Thursday, August 26, 2010
Ottawa Accident Lawyers - The use of future care cost and needs assessments and life planning reports in personal injury cases: by Marc-Nicholas Quinn
Ottawa Accident Lawyers - The use of future care cost and needs assessments and life planning reports in personal injury cases: by Marc-Nicholas Quinn, Personal Injury Lawyer and Mediator
Serious illness or personal injury can present a significant financial burden to an individual and/or their families. Future care expenses can often cost hundreds of thousands of dollars, and in the worst of cases, sometimes millions. In order to assess the costs of future care, personal injury lawyers turn to experts who complete thorough assessments of the associated costs an injured person is likely to incur in the future. Future care cost and needs assessments are completed based on published standards of practice for Life Care Planning. The assessments provide assessment and support of the costs of future care for an injured person's current and projected services, medical treatment, medical needs, equipment, therapies, interventions etc... The assessments are usually completed on the basis of attempting to assist an injured person to maximum independence, prevent functional deterioration and provide replacement services for those tasks the injured person is no longer able to complete.
The reports solicited summarizes a client’s future medical needs and expenses. Future care costs and needs assessments are valuable tools your personal injury lawyer can use during negotiations with opposing counsel, insurers and adjusters in or out of Court, at settlement conferences and in mediation sessions. The report, in addition to other valuable information, synthesises valuable medical and expense information from all data sources, including medical documents and quantifies recommendations to establish a comprehensive life care plan.
Costs of future care assessments involve a detailed assessment of the client’s functioning in areas such as medical needs, rehabilitation requirements, equipment needs, home support needs, renovation needs, attendant care requirements, medical devices needs, adaptation needs, vocational needs and environmental modification requirements.
Cost of Future Care Assessments consist of a comprehensive report based on a full functional assessment. They often involve full in home evaluation and consultation by health care professionals who help determine an appropriate plan of future care with all associated costs that entails. In turn, as personal injury lawyers, our job includes using the reports as one tool to obtain fair and reasonable compensation for our injured clients.
At Plant Quinn Thiele Mineault Grodzki PC, we are committed to providing expert advice on the legal issues relating to our injured client’s matters and when needed, we will retain the services of medical experts, rehabilitation and consulting services experts to assess the needs of the clients who retain us. Our team of legal professionals has extensive experience in planning and providing excellent legal services including the value of consulting other experts needed to maximize our client’s financial recovery and well being.
Future care cost and needs assessments and life planning reports are used for settlement and rehabilitation planning purposes. Our law firm is able to provide a unique and valuable service to our clients by locating and retaining experts who can complete the assessments and reports.
We refer such needed expert assessments to reputable multi disciplinary experts who consist of any combination of the following: social workers, speech-language pathologists, occupational therapists, physical therapists and other medical experts. These experts can provide valuable expert opinions and guidance based on their experience, training and research Our law firm provides reliable access to outside expert health care specialists who provide consultation, assessments, opinions and reports.
To learn more about how Plant Quinn Thiele Mineault Grodzki PC can assist you contact us by e-mail at mquinn@pqtlaw.com or call 613-315-4878 or 613-315-HURT. We offer free legal consultations and No Fee Until You Win arrangements where we charge nothing unless you win your case.
Serious illness or personal injury can present a significant financial burden to an individual and/or their families. Future care expenses can often cost hundreds of thousands of dollars, and in the worst of cases, sometimes millions. In order to assess the costs of future care, personal injury lawyers turn to experts who complete thorough assessments of the associated costs an injured person is likely to incur in the future. Future care cost and needs assessments are completed based on published standards of practice for Life Care Planning. The assessments provide assessment and support of the costs of future care for an injured person's current and projected services, medical treatment, medical needs, equipment, therapies, interventions etc... The assessments are usually completed on the basis of attempting to assist an injured person to maximum independence, prevent functional deterioration and provide replacement services for those tasks the injured person is no longer able to complete.
The reports solicited summarizes a client’s future medical needs and expenses. Future care costs and needs assessments are valuable tools your personal injury lawyer can use during negotiations with opposing counsel, insurers and adjusters in or out of Court, at settlement conferences and in mediation sessions. The report, in addition to other valuable information, synthesises valuable medical and expense information from all data sources, including medical documents and quantifies recommendations to establish a comprehensive life care plan.
Costs of future care assessments involve a detailed assessment of the client’s functioning in areas such as medical needs, rehabilitation requirements, equipment needs, home support needs, renovation needs, attendant care requirements, medical devices needs, adaptation needs, vocational needs and environmental modification requirements.
Cost of Future Care Assessments consist of a comprehensive report based on a full functional assessment. They often involve full in home evaluation and consultation by health care professionals who help determine an appropriate plan of future care with all associated costs that entails. In turn, as personal injury lawyers, our job includes using the reports as one tool to obtain fair and reasonable compensation for our injured clients.
At Plant Quinn Thiele Mineault Grodzki PC, we are committed to providing expert advice on the legal issues relating to our injured client’s matters and when needed, we will retain the services of medical experts, rehabilitation and consulting services experts to assess the needs of the clients who retain us. Our team of legal professionals has extensive experience in planning and providing excellent legal services including the value of consulting other experts needed to maximize our client’s financial recovery and well being.
Future care cost and needs assessments and life planning reports are used for settlement and rehabilitation planning purposes. Our law firm is able to provide a unique and valuable service to our clients by locating and retaining experts who can complete the assessments and reports.
We refer such needed expert assessments to reputable multi disciplinary experts who consist of any combination of the following: social workers, speech-language pathologists, occupational therapists, physical therapists and other medical experts. These experts can provide valuable expert opinions and guidance based on their experience, training and research Our law firm provides reliable access to outside expert health care specialists who provide consultation, assessments, opinions and reports.
To learn more about how Plant Quinn Thiele Mineault Grodzki PC can assist you contact us by e-mail at mquinn@pqtlaw.com or call 613-315-4878 or 613-315-HURT. We offer free legal consultations and No Fee Until You Win arrangements where we charge nothing unless you win your case.
Sunday, August 22, 2010
Why Chosee the Ottawa Car Accident Lawyers Network? Ottawa Injury and Car Accidents
The Ottawa accident lawyers of Plant Quinn Thiele Mineault Grodzki PC have successfully handled hundreds of auto accident and other personal injury cases and claims in Ontario. Our focus is accident and injury cases.
You can rely on our personal injury legal team and the expertise we have in personal injury law and auto accident claims. We negotiate excellent settlements and each settlement is suited to each client’s specific needs and situation.
Before you agree to be represented by anyone else, contact us at mquinn@pqtlaw.com to arrange for a free consultation and to obtain information about of No Fee Until You Win agreements and guaranty.
Our accident and personal injury lawyers handle all types of car, auto, truck, ATV, APV or motorcycle related accident case. Working with a qualified and experienced car accident lawyer is vital to obtaining fair and just compensation. Our experience and focus on accident and injury cases makes a difference. We invite you to call us and book a free consultation. If you are shopping around for an injury lawyer, give us a try.
Our accident and personal injury lawyers have settled millions of dollars worth of injury and accident claims and when it comes to experience and expertise, it matters. We have the experience and expertise to maximize recovery in accident and injury cases.
Let us show you how our car accident lawyers can defend your rights and secure equitable and fair injury settlements. We are proud to serve all of Ontario including Ottawa, greater Ottawa area, Alexandria, Arnprior, Belleville, Brockville, Clarence Creek, Cornwall, Embrun, Gananogue, Hawkesbury, Kemptville, Kingston, L’Orignal, Morrisburg, Napanee, North Gower, Pembroke, Perth, Peterborough, Picton, Prescott, Renfrew, Richmond, Russell, Smith Falls, Toronto, Tweed and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.
We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor.
www.ottawapersonalinjurylawyernetwork.com. Ottawa Personal Injury Lawyer Network.
You can rely on our personal injury legal team and the expertise we have in personal injury law and auto accident claims. We negotiate excellent settlements and each settlement is suited to each client’s specific needs and situation.
Before you agree to be represented by anyone else, contact us at mquinn@pqtlaw.com to arrange for a free consultation and to obtain information about of No Fee Until You Win agreements and guaranty.
Our accident and personal injury lawyers handle all types of car, auto, truck, ATV, APV or motorcycle related accident case. Working with a qualified and experienced car accident lawyer is vital to obtaining fair and just compensation. Our experience and focus on accident and injury cases makes a difference. We invite you to call us and book a free consultation. If you are shopping around for an injury lawyer, give us a try.
Our accident and personal injury lawyers have settled millions of dollars worth of injury and accident claims and when it comes to experience and expertise, it matters. We have the experience and expertise to maximize recovery in accident and injury cases.
Let us show you how our car accident lawyers can defend your rights and secure equitable and fair injury settlements. We are proud to serve all of Ontario including Ottawa, greater Ottawa area, Alexandria, Arnprior, Belleville, Brockville, Clarence Creek, Cornwall, Embrun, Gananogue, Hawkesbury, Kemptville, Kingston, L’Orignal, Morrisburg, Napanee, North Gower, Pembroke, Perth, Peterborough, Picton, Prescott, Renfrew, Richmond, Russell, Smith Falls, Toronto, Tweed and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.
We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor.
www.ottawapersonalinjurylawyernetwork.com. Ottawa Personal Injury Lawyer Network.
Ottawa Car Accident Lawyers - Ottawa Injury Lawyers - What are the steps to transfer a personal injury file and claim from one lawyer to another?
Ottawa Car Accident Lawyers - Ottawa Injury Lawyers - What are the steps to transfer a personal injury file and claim from one lawyer to another - PART 2?
In summary, the steps are as follows:
1. Notify the former injury lawyer that you have retained a new injury lawyer;
2. Request for the physical file be transferred from your former injury lawyer to your new injury lawyer ( serve him with a direction seeking that the file be delivered to the new accident - injury lawyer );
3. Notify all parties of the change in injury lawyers;
4. If the matter is in court ( a statement of claim has been issued ), notify the court and all opposing lawyers that you have retained a new injury lawyer;
5. If there is objection from your former lawyer to hand over the physical file, negotiate the terms of the transfer of the file;
6. If negotiations fail and your former injury lawyer refuses to hand over the physical file, file a formal complaint with the Law Society of Upper Canada and file an application (or motion as the case may be) seeking a court order compelling your former lawyer to hand over the physical file - order for delivery of the file;
7. File an application for assessment, which is a court process allowing clients to challenge a lawyer’s accounts and claims for liens against files; and
8. Once the file is obtained ( voluntarily or by court order ), review the file.
If you choose to leave your current personal injury lawyer and transfer your injury claim to another law injury law firm, the process can be easy or quite complicated depending on your former lawyer. Your new injury lawyer will need the physical file from your former accident lawyer. Assuming you have paid any account rendered by your former accident lawyer, getting your file should be as easy as requesting it from your former injury lawyer.
Complications can arise because of issues such as whether you owe any money to your former lawyer and whether there is outstanding accounts owed to your former lawyer and whether there will be a dispute over any percentage billing or fee billing of the file (contingency fee agreements). In every case, if the matter is already in Court (a court action has been commenced) the client must notify the Court and all parties of the change of lawyers. As your new personal injury lawyer, we will file the needed documents with the Court and notify all parties. If your claim is not in Court and you are at the pre litigation stage, we will notify all the parties and insurers involved. We handle every step necessary to have the file transferred.
The physical file held with your injury lawyer is your property. You are entitled to your property and the lawyer is entitled to a copy of the file. Your new accident lawyer will need your file to continue prosecuting your injury case. Any delay in obtaining the file can, in some circumstances, be devastating. For example, a limitation period may be missed or a court event may be missed such as an appearance at a scheduled settlement conference. The faster you can obtain a transfer of the file, the better. If there is a dispute about the account or contingency fee arrangement, obtaining the physical file often becomes an issue. If you are caught in such a situation, your new injury lawyer has options to assist you: negotiating a settlement of the fee is always possible. Also, if the former lawyer is seeking a percentage of the recovery, that issue can be resolved in various ways (i.e. agree on an amount, agree on a percentage, agree to preserve the settlement funds until there is agreement or a court order determining the issue). If negotiation fails, a complaint to the Law Society of Upper Canada can sometimes assist. Also, an application to Court for delivery of the file and a determination of rights to the file is always available as well as an application for an assessment of the account rendered by the former accident lawyer. You can always ask the former injury lawyer to produce an account under the Solicitor’s Act of Ontario, and then proceed to assess the account.
At Plant Quinn Thiele Mineault Grodzki PC, we can assist you in transferring a personal injury file from your former lawyer to us as your new injury law firm. We handle all steps necessary to effect the transfer of the file. However, if the dispute with your former lawyer can be easily resolved, we often suggest that mediating or negotiating the issue is appropriate. If the lawyer client relationship has irrevocably broken down, we will take over the file under a new retainer agreement with you. We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or e-mail us at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor. Ottawa Personal Injury Lawyer Network.
In summary, the steps are as follows:
1. Notify the former injury lawyer that you have retained a new injury lawyer;
2. Request for the physical file be transferred from your former injury lawyer to your new injury lawyer ( serve him with a direction seeking that the file be delivered to the new accident - injury lawyer );
3. Notify all parties of the change in injury lawyers;
4. If the matter is in court ( a statement of claim has been issued ), notify the court and all opposing lawyers that you have retained a new injury lawyer;
5. If there is objection from your former lawyer to hand over the physical file, negotiate the terms of the transfer of the file;
6. If negotiations fail and your former injury lawyer refuses to hand over the physical file, file a formal complaint with the Law Society of Upper Canada and file an application (or motion as the case may be) seeking a court order compelling your former lawyer to hand over the physical file - order for delivery of the file;
7. File an application for assessment, which is a court process allowing clients to challenge a lawyer’s accounts and claims for liens against files; and
8. Once the file is obtained ( voluntarily or by court order ), review the file.
If you choose to leave your current personal injury lawyer and transfer your injury claim to another law injury law firm, the process can be easy or quite complicated depending on your former lawyer. Your new injury lawyer will need the physical file from your former accident lawyer. Assuming you have paid any account rendered by your former accident lawyer, getting your file should be as easy as requesting it from your former injury lawyer.
Complications can arise because of issues such as whether you owe any money to your former lawyer and whether there is outstanding accounts owed to your former lawyer and whether there will be a dispute over any percentage billing or fee billing of the file (contingency fee agreements). In every case, if the matter is already in Court (a court action has been commenced) the client must notify the Court and all parties of the change of lawyers. As your new personal injury lawyer, we will file the needed documents with the Court and notify all parties. If your claim is not in Court and you are at the pre litigation stage, we will notify all the parties and insurers involved. We handle every step necessary to have the file transferred.
The physical file held with your injury lawyer is your property. You are entitled to your property and the lawyer is entitled to a copy of the file. Your new accident lawyer will need your file to continue prosecuting your injury case. Any delay in obtaining the file can, in some circumstances, be devastating. For example, a limitation period may be missed or a court event may be missed such as an appearance at a scheduled settlement conference. The faster you can obtain a transfer of the file, the better. If there is a dispute about the account or contingency fee arrangement, obtaining the physical file often becomes an issue. If you are caught in such a situation, your new injury lawyer has options to assist you: negotiating a settlement of the fee is always possible. Also, if the former lawyer is seeking a percentage of the recovery, that issue can be resolved in various ways (i.e. agree on an amount, agree on a percentage, agree to preserve the settlement funds until there is agreement or a court order determining the issue). If negotiation fails, a complaint to the Law Society of Upper Canada can sometimes assist. Also, an application to Court for delivery of the file and a determination of rights to the file is always available as well as an application for an assessment of the account rendered by the former accident lawyer. You can always ask the former injury lawyer to produce an account under the Solicitor’s Act of Ontario, and then proceed to assess the account.
At Plant Quinn Thiele Mineault Grodzki PC, we can assist you in transferring a personal injury file from your former lawyer to us as your new injury law firm. We handle all steps necessary to effect the transfer of the file. However, if the dispute with your former lawyer can be easily resolved, we often suggest that mediating or negotiating the issue is appropriate. If the lawyer client relationship has irrevocably broken down, we will take over the file under a new retainer agreement with you. We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or e-mail us at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor. Ottawa Personal Injury Lawyer Network.
Friday, August 20, 2010
Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer?
Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer? Transfer of a personal injury file from one accident lawyer to another - how to proceed?
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-315-HURT or 613-315-4878, or by e-mail at mquinn@pqtlaw.com. Visit us at www.ottawapersonalinjurylawyernetwork.com.
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-315-HURT or 613-315-4878, or by e-mail at mquinn@pqtlaw.com. Visit us at www.ottawapersonalinjurylawyernetwork.com.
Wednesday, August 18, 2010
Ottawa Accident Lawyers - Interesting article about lawyers
It's the end of the profession as you know it, lawyers told
With other options, clients expect more for less, professor says
Article by: Janice Tibbetts, Postmedia News
Lawyers are under a "huge threat" and risk being run out of business unless they come to grips with a new legal order instead of trusting that big profits will bounce back when the economy recovers, says a legal futurist.
"The genie is out of the bottle," warned Richard Susskind, who said Tuesday that the wide availability of do-it-yourself services and legal documents online, along with a growing trend to hire lawyers in India for a fraction of the cost, will force the profession to offer more for less.
"That is the mindset you have to have," Susskind, author of a provocative book called The End of Lawyers?, told the Canadian Bar Association. "What I find as I wander around is that there is no way back."
Susskind, an international speaker and professor at Oxford University in England who has made a bit of a splash in the legal world with his brand of futurism, noted that his audiences tend to be gatherings of senior lawyers who seem more interested in short-term profitability that the wave of the future.
"Leading firms are relying on the market returning," said Susskind, adding that the "old way of thinking" is gradually giving way to more openness because the traditional business is under siege.
Clients, in particular, are loathe to pay high hourly rates for routine services that they can source online or find offshore for a fraction of the cost, Susskind said.
The public is not only demanding more, but young lawyers are also questioning whether the business model is broken, whether fixed costs are too high, and whether senior partners care about the long-term sustainability of the profession, he said.
The bar association hired Susskind as a "special adviser" last year to help modernize the business in Canada, which has been slow to adopt new ways of doing business to compete with novel legal services.
Traditionally, lawyers have billed by the hour and clients pay for the whole package of services, without knowing whether they are getting value for their money.
Canadian lawyers have been considering following a growing trend in the United States of "unbundling" services by permitting clients to do some of the work themselves.
Critics, however, contend it could open up lawyers to legal problems of their own by offering advice on issues when they do not have the full picture.
With other options, clients expect more for less, professor says
Article by: Janice Tibbetts, Postmedia News
Lawyers are under a "huge threat" and risk being run out of business unless they come to grips with a new legal order instead of trusting that big profits will bounce back when the economy recovers, says a legal futurist.
"The genie is out of the bottle," warned Richard Susskind, who said Tuesday that the wide availability of do-it-yourself services and legal documents online, along with a growing trend to hire lawyers in India for a fraction of the cost, will force the profession to offer more for less.
"That is the mindset you have to have," Susskind, author of a provocative book called The End of Lawyers?, told the Canadian Bar Association. "What I find as I wander around is that there is no way back."
Susskind, an international speaker and professor at Oxford University in England who has made a bit of a splash in the legal world with his brand of futurism, noted that his audiences tend to be gatherings of senior lawyers who seem more interested in short-term profitability that the wave of the future.
"Leading firms are relying on the market returning," said Susskind, adding that the "old way of thinking" is gradually giving way to more openness because the traditional business is under siege.
Clients, in particular, are loathe to pay high hourly rates for routine services that they can source online or find offshore for a fraction of the cost, Susskind said.
The public is not only demanding more, but young lawyers are also questioning whether the business model is broken, whether fixed costs are too high, and whether senior partners care about the long-term sustainability of the profession, he said.
The bar association hired Susskind as a "special adviser" last year to help modernize the business in Canada, which has been slow to adopt new ways of doing business to compete with novel legal services.
Traditionally, lawyers have billed by the hour and clients pay for the whole package of services, without knowing whether they are getting value for their money.
Canadian lawyers have been considering following a growing trend in the United States of "unbundling" services by permitting clients to do some of the work themselves.
Critics, however, contend it could open up lawyers to legal problems of their own by offering advice on issues when they do not have the full picture.
Sunday, August 15, 2010
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas Quinn
If you have never been injured in a car accident or dealt with a lawyer involved in a personal injury claim or law suit, you have likely never been involved in the steps necessary in negotiating personal injury settlement. There is a particular process to settlement of a personal injury claim and unless you have been through the process before or trained to handle the claims process, you probably don’t know much about how the settlement process works.
In negotiating injury settlements, there are many pitfalls. It is always recommended that you retain the services of a personal injury lawyer / accident lawyer to advise you on every step of a personal injury claim arising out of a car accident or any other type of accident such as a general negligence claim, a slip and fall or trip and fall.
There are basic rules and procedures to follow when advancing a claim for compensation arising out of an accident. The initial step is to meet with and hire an accident lawyer - injury lawyer who will write a “demand letter” or “notice letter” which places the person at fault for the accident on notice of a claim being advanced for compensation. In a way, that initial letter formally starts the negotiating process because the insurance company involved will determine based on the basic facts if the claim has any merit at first instance. The initial letter should provide sufficient information to allow the insurance adjuster to commence an investigation into the accident and set aside a reasonable reserve of money to allow for fair compensation to be paid, if liability is accepted and settlement is possible. The letter should provide a concise summary of the basics facts of the person injured and of the accident, list injuries sustained, identify the person at fault and notify the person that compensation is being sought on certain legal grounds, usually on the grounds of negligence.
The demand or notice letter is the starting point to a series of communications between the insurance adjuster and you or your accident lawyer. The initial letter is important and is likely to be referred to at various points in the claims process. In some jurisdictions, pre-judgment interest runs from the date of the initial demand letter. It is recommended that the amount of compensation claimed is never revealed in the initial demand or notice letter. Rather, notice that certain types of damages are sought is sufficient. It is unlikely in any event that the amount of compensation sought is known since at the early stages, injuries have not yet healed and it would be impossible to quantify the compensation. When the injuries and impact on the injured person are fully known, commencing negotiation on the amount of compensation is possible. Remember that an insurance adjuster will never offer a settlement that is more that you request, so it is important that the letter seeking specific amounts of compensation is tendered only when all the facts are fully known and injuries have reached maximum recovery or what is sometimes called “crystallization” (i.e. injury will never get better or worse - maximum recovery has occurred).
Generally, the insurance adjuster will provide a counter-offer which will be lower than your offer. A series of negotiating telephone conversations or letters between your accident lawyer and the insurance adjuster will follow. In response to a counter-offer, it is important to lay out the strengths of your case and the weaknesses of the opposing party’s case as well as address any problematic issues about your case.
In the end, the amount of compensation will depend on many factors such as the quality of your personal injury lawyer, quality of the evidence in support of your case, the types and extent of injuries sustained, quality of supporting documents for each head of damages claimed, quality of any experts retained and quality of their reports and degree of the past, present and future impact of the injuries on your life. Calculating what is fair and reasonable is not easy but a reputable and experienced personal injury lawyer can provide a fairly accurate range for settlement purposes, based on review of your entire file, experience and legal research. Your accident lawyer’s job, in part, is to obtain the highest possible settlement for you based on the facts of your case.
Regardless of the strengths and weaknesses of your case, if you were injured because of the negligence of another person, your case will very likely settle if the proper steps to negotiating a personal injury settlement are followed. The steps outlined in this brief article is by no means exhaustive. There are dozens of other steps which are needed and followed to maximize a personal injury case and ensure fair and reasonable compensation is obtained. An experienced personal injury and accident lawyer will follow all the necessary steps to reach settlement and each case is different - some involve more work and steps than others.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers - Ottawa Injury Lawyers, we provide free consultations and take on accident and injury cases on a NO Fee Until You Win basis. The more you receive in compensation, the more we are paid. If no settlement is reached, we charge nothing. Call us for a free injury case assessment at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor. Founder of the Ottawa Personal Injury Lawyer Network. Member of the Ontario Trial Lawyers Association.
If you have never been injured in a car accident or dealt with a lawyer involved in a personal injury claim or law suit, you have likely never been involved in the steps necessary in negotiating personal injury settlement. There is a particular process to settlement of a personal injury claim and unless you have been through the process before or trained to handle the claims process, you probably don’t know much about how the settlement process works.
In negotiating injury settlements, there are many pitfalls. It is always recommended that you retain the services of a personal injury lawyer / accident lawyer to advise you on every step of a personal injury claim arising out of a car accident or any other type of accident such as a general negligence claim, a slip and fall or trip and fall.
There are basic rules and procedures to follow when advancing a claim for compensation arising out of an accident. The initial step is to meet with and hire an accident lawyer - injury lawyer who will write a “demand letter” or “notice letter” which places the person at fault for the accident on notice of a claim being advanced for compensation. In a way, that initial letter formally starts the negotiating process because the insurance company involved will determine based on the basic facts if the claim has any merit at first instance. The initial letter should provide sufficient information to allow the insurance adjuster to commence an investigation into the accident and set aside a reasonable reserve of money to allow for fair compensation to be paid, if liability is accepted and settlement is possible. The letter should provide a concise summary of the basics facts of the person injured and of the accident, list injuries sustained, identify the person at fault and notify the person that compensation is being sought on certain legal grounds, usually on the grounds of negligence.
The demand or notice letter is the starting point to a series of communications between the insurance adjuster and you or your accident lawyer. The initial letter is important and is likely to be referred to at various points in the claims process. In some jurisdictions, pre-judgment interest runs from the date of the initial demand letter. It is recommended that the amount of compensation claimed is never revealed in the initial demand or notice letter. Rather, notice that certain types of damages are sought is sufficient. It is unlikely in any event that the amount of compensation sought is known since at the early stages, injuries have not yet healed and it would be impossible to quantify the compensation. When the injuries and impact on the injured person are fully known, commencing negotiation on the amount of compensation is possible. Remember that an insurance adjuster will never offer a settlement that is more that you request, so it is important that the letter seeking specific amounts of compensation is tendered only when all the facts are fully known and injuries have reached maximum recovery or what is sometimes called “crystallization” (i.e. injury will never get better or worse - maximum recovery has occurred).
Generally, the insurance adjuster will provide a counter-offer which will be lower than your offer. A series of negotiating telephone conversations or letters between your accident lawyer and the insurance adjuster will follow. In response to a counter-offer, it is important to lay out the strengths of your case and the weaknesses of the opposing party’s case as well as address any problematic issues about your case.
In the end, the amount of compensation will depend on many factors such as the quality of your personal injury lawyer, quality of the evidence in support of your case, the types and extent of injuries sustained, quality of supporting documents for each head of damages claimed, quality of any experts retained and quality of their reports and degree of the past, present and future impact of the injuries on your life. Calculating what is fair and reasonable is not easy but a reputable and experienced personal injury lawyer can provide a fairly accurate range for settlement purposes, based on review of your entire file, experience and legal research. Your accident lawyer’s job, in part, is to obtain the highest possible settlement for you based on the facts of your case.
Regardless of the strengths and weaknesses of your case, if you were injured because of the negligence of another person, your case will very likely settle if the proper steps to negotiating a personal injury settlement are followed. The steps outlined in this brief article is by no means exhaustive. There are dozens of other steps which are needed and followed to maximize a personal injury case and ensure fair and reasonable compensation is obtained. An experienced personal injury and accident lawyer will follow all the necessary steps to reach settlement and each case is different - some involve more work and steps than others.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers - Ottawa Injury Lawyers, we provide free consultations and take on accident and injury cases on a NO Fee Until You Win basis. The more you receive in compensation, the more we are paid. If no settlement is reached, we charge nothing. Call us for a free injury case assessment at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor. Founder of the Ottawa Personal Injury Lawyer Network. Member of the Ontario Trial Lawyers Association.
Saturday, August 14, 2010
Ottawa Car Accident Lawyers - Injury Experts - Traffic Accidents and Injuries
Ottawa Car Accident Lawyers - Traffic Accidents and Injuries
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-315-4878 or 613-315-HURT.
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-315-4878 or 613-315-HURT.
Sunday, August 8, 2010
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your injury lawyer
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your personal injury lawyer - How to prepare for your meeting with a personal injury lawyer.
The first meeting with a personal injury lawyer / accident lawyer is quite important. It sets the stage for your ongoing relationship. The more information and documents you bring the better and more productive the initial meeting will be. Your personal injury lawyer will appreciate any effort you make in providing a any important facts about the accident, your injuries and impact on your life and your family’s life.
If you have been injured in an accident such as a car accident, slip and fall, trip and fall or dog bite incident and have suffered injuries as a result, meeting with a personal injury and accident lawyer as soon as possible after the accident is important. As an injured person, relevant legal knowledge can make the difference between obtaining fair compensation or obtaining no compensation at all.
A personal injury and accident lawyer can provide you with all the information you need to make a decision on seeking compensation. Your personal injury lawyer will need to gather information and documents from you to assist them in representing your interests and maximizing your recovery.
You should bring this information and documents with you when you meet your accident lawyer and continue to bring information and documents to your accident lawyer as the case progresses.
This brief article addresses the types of documents and information you generally should bring, if available, to an initial meeting with a personal injury lawyer / accident lawyer. The type of documents and information you bring will depend on the type of accident you were involved in and the nature and types of injuries you have suffered. In general terms, the following is a list of information and documents to bring to your initial meeting with a personal injury lawyer. Note again that you will likely have to bring additional documents and information to the attention of your personal injury lawyer as your case develops:
1. The date, time and location of the accident;
2. Names and addresses of anyone you believe may be responsible for the accident and liable to you for the accident;
3. Two pieces of identification such as a driver’s licence and social insurance card;
4. Your date of birth, municipal address and full contact particulars;
5. The names and dates of birth of your spouse and children as well as their addresses if different from yours;
6. Copy of any applicable insurance policy such as vehicle insurance or home insurance;
7. The name and contact information of your own insurance agent, adjuster or any other insurance representative;
8. The name and contact information of the insurance agent, adjuster or any other insurance representative representing the person responsible for the accident;
9. Copies of any letters or other correspondence or documents exchanged to and from your insurance company, the other party’s insurance company or any other relevant insurance company, agent or adjuster;
10. Details of any oral or written statements you may have given to your insurance company or the other party's insurance company;
11. Any other important dates and times such as the date and time of the accident;
12. The location of the accident;
13. Photographs of the accident site;
14. Photographs of any damage to your car or clothing or other personal or real property;
15. Photographs of your injuries;
16. The names and addresses of the hospital you were taken to immediately after the accident;
17. Confirmation of whether or not you were taken to hospital by ambulance;
18. Copy of any police report provided to you or alternatively if you were not given a police report, the police report or incident number;
19. Names and addresses of any health care provider that has provided care to you;
20. Names and addresses of any health care provider that will provide care to you in the future;
21. The dates that you were taken to any health care provider or hospital and reason for the visit;
22. The names, addresses and telephone numbers of any witnesses to the incident;
23. Copies of any witness statements;
24. Full particulars of your employment or method of earning income such as a business income;
25. Details of all dates you were unable to work due to the accident and your injuries;
26. Details of any benefits you needed to take from work because of inability to work due to the accident and your injuries such as vacation and/or sick leave;
27. Details of any extended health care insurance you have through employment or independently that cover any medical expenses at all;
28. Details of any disability insurance (short term or long term) you have through employment or independently/privately;
29. Copies of any medical bills or invoices;
30. Copies of any bills or invoices for expenses you incurred because of the accident;
31. If your injuries were caused as a result of a car accident, bring any documents relevant to the accident such as any documents exchanged between you and the other drivers or victims and the police;
32. Details of any information or documents you gave the police who attended at the accident;
33. Details of any information or documents you gave the police subsequent to the accident;
34. Details of any information or documents you gave to anyone who attended at the accident;
35. Details of any information or documents you gave to anyone subsequent to the accident;
36. Details of a any charges, tickets or fines given to you by police relating to the accident;
37. Details of a any charges, tickets or fines given to anyone else by police relating to the accident;
38. Copies of any other documents you believe may be relevant;
39. A full written summary of the accident, persons involved and events since the accident such as visits with insurance companies, police, witnesses and health care providers; and
40. Details of any other information you believe may even remotely relevant.
This is not an exhaustive list and disclosure of relevant information and documents is an ongoing process since after an injury you will likely have ongoing relationships with insurers, health care providers and other third parties. The important thing to remember is that you should provide your personal injury lawyer with any information or documents you believe may be even remotely relevant and never delay in providing the disclosure. Your personal injury and accident lawyer can decide if the information or documents is relevant and useful.
For more information on how to facilitate your relationship with your Ottawa accident and personal injury lawyer, contact us at the Ottawa Personal Injury and Accident Lawyer Network by calling 613 315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com, visit us at www.ottawapersonalinjurylawyernetwork.com.
The first meeting with a personal injury lawyer / accident lawyer is quite important. It sets the stage for your ongoing relationship. The more information and documents you bring the better and more productive the initial meeting will be. Your personal injury lawyer will appreciate any effort you make in providing a any important facts about the accident, your injuries and impact on your life and your family’s life.
If you have been injured in an accident such as a car accident, slip and fall, trip and fall or dog bite incident and have suffered injuries as a result, meeting with a personal injury and accident lawyer as soon as possible after the accident is important. As an injured person, relevant legal knowledge can make the difference between obtaining fair compensation or obtaining no compensation at all.
A personal injury and accident lawyer can provide you with all the information you need to make a decision on seeking compensation. Your personal injury lawyer will need to gather information and documents from you to assist them in representing your interests and maximizing your recovery.
You should bring this information and documents with you when you meet your accident lawyer and continue to bring information and documents to your accident lawyer as the case progresses.
This brief article addresses the types of documents and information you generally should bring, if available, to an initial meeting with a personal injury lawyer / accident lawyer. The type of documents and information you bring will depend on the type of accident you were involved in and the nature and types of injuries you have suffered. In general terms, the following is a list of information and documents to bring to your initial meeting with a personal injury lawyer. Note again that you will likely have to bring additional documents and information to the attention of your personal injury lawyer as your case develops:
1. The date, time and location of the accident;
2. Names and addresses of anyone you believe may be responsible for the accident and liable to you for the accident;
3. Two pieces of identification such as a driver’s licence and social insurance card;
4. Your date of birth, municipal address and full contact particulars;
5. The names and dates of birth of your spouse and children as well as their addresses if different from yours;
6. Copy of any applicable insurance policy such as vehicle insurance or home insurance;
7. The name and contact information of your own insurance agent, adjuster or any other insurance representative;
8. The name and contact information of the insurance agent, adjuster or any other insurance representative representing the person responsible for the accident;
9. Copies of any letters or other correspondence or documents exchanged to and from your insurance company, the other party’s insurance company or any other relevant insurance company, agent or adjuster;
10. Details of any oral or written statements you may have given to your insurance company or the other party's insurance company;
11. Any other important dates and times such as the date and time of the accident;
12. The location of the accident;
13. Photographs of the accident site;
14. Photographs of any damage to your car or clothing or other personal or real property;
15. Photographs of your injuries;
16. The names and addresses of the hospital you were taken to immediately after the accident;
17. Confirmation of whether or not you were taken to hospital by ambulance;
18. Copy of any police report provided to you or alternatively if you were not given a police report, the police report or incident number;
19. Names and addresses of any health care provider that has provided care to you;
20. Names and addresses of any health care provider that will provide care to you in the future;
21. The dates that you were taken to any health care provider or hospital and reason for the visit;
22. The names, addresses and telephone numbers of any witnesses to the incident;
23. Copies of any witness statements;
24. Full particulars of your employment or method of earning income such as a business income;
25. Details of all dates you were unable to work due to the accident and your injuries;
26. Details of any benefits you needed to take from work because of inability to work due to the accident and your injuries such as vacation and/or sick leave;
27. Details of any extended health care insurance you have through employment or independently that cover any medical expenses at all;
28. Details of any disability insurance (short term or long term) you have through employment or independently/privately;
29. Copies of any medical bills or invoices;
30. Copies of any bills or invoices for expenses you incurred because of the accident;
31. If your injuries were caused as a result of a car accident, bring any documents relevant to the accident such as any documents exchanged between you and the other drivers or victims and the police;
32. Details of any information or documents you gave the police who attended at the accident;
33. Details of any information or documents you gave the police subsequent to the accident;
34. Details of any information or documents you gave to anyone who attended at the accident;
35. Details of any information or documents you gave to anyone subsequent to the accident;
36. Details of a any charges, tickets or fines given to you by police relating to the accident;
37. Details of a any charges, tickets or fines given to anyone else by police relating to the accident;
38. Copies of any other documents you believe may be relevant;
39. A full written summary of the accident, persons involved and events since the accident such as visits with insurance companies, police, witnesses and health care providers; and
40. Details of any other information you believe may even remotely relevant.
This is not an exhaustive list and disclosure of relevant information and documents is an ongoing process since after an injury you will likely have ongoing relationships with insurers, health care providers and other third parties. The important thing to remember is that you should provide your personal injury lawyer with any information or documents you believe may be even remotely relevant and never delay in providing the disclosure. Your personal injury and accident lawyer can decide if the information or documents is relevant and useful.
For more information on how to facilitate your relationship with your Ottawa accident and personal injury lawyer, contact us at the Ottawa Personal Injury and Accident Lawyer Network by calling 613 315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com, visit us at www.ottawapersonalinjurylawyernetwork.com.
Saturday, August 7, 2010
Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage
Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage
In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.
For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.
In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.
In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc...); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.
There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.
Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.
In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.
For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.
In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.
In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc...); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.
There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.
Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.
Thursday, August 5, 2010
How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers
How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers
This question cannot be answered by your injury lawyer with any accuracy at the beginning stages of a claim. All claims are different and must be considered on their own facts and circumstances. Each person suffers injuries in different ways and the amount of time it takes to recover from an injury is quite different from one person to another. There are numerous factors that affect how people recover from injuries and affect the recovery period.
In straightforward minor injury cases, the time it takes to settle a case from beginning to end, with no dispute over liability, is roughly 8 to 12 months. For more complicated cases of serious and multiple injuries, the time period is anywhere from 12 to 36 months, but most are resolved within 2 years. Catastrophic cases such as serious head injuries, dismemberment or paralysis can take many years to settle.
We recommend negotiating a settlement only when the injuries suffered in an accident are fully known and fully healed. In most cases, we seek an opinion of the treating physician who can confirm the diagnosis, prognosis and full extent of the injuries and impact on the injured person.
It is important not to rush into a settlement prematurely since once a settlement is reached and a release is signed, an injured person can never claim compensation again for the accident, even if the injuries become worse. Fair compensation can only be obtained once all of the facts are known, including all facts pertaining to the injuries and their impact on the injured person’s social, emotional, physical, psychological and economic life.
At Plant Quinn Thiele Mineault Grodzki PC - Ottawa Accident Lawyers, we are not in any hurry to settle cases, we settle only when the time is right. We are concerned about ensuring our client’s future well being and that fair compensation is paid. Contact us for a free consultation at 613-315-4878 / 613-315-HURT. Marc-Nicholas Quinn, Ottawa Accident, Injury and Disability Lawyer. No Fee Until You Win Lawyers
This question cannot be answered by your injury lawyer with any accuracy at the beginning stages of a claim. All claims are different and must be considered on their own facts and circumstances. Each person suffers injuries in different ways and the amount of time it takes to recover from an injury is quite different from one person to another. There are numerous factors that affect how people recover from injuries and affect the recovery period.
In straightforward minor injury cases, the time it takes to settle a case from beginning to end, with no dispute over liability, is roughly 8 to 12 months. For more complicated cases of serious and multiple injuries, the time period is anywhere from 12 to 36 months, but most are resolved within 2 years. Catastrophic cases such as serious head injuries, dismemberment or paralysis can take many years to settle.
We recommend negotiating a settlement only when the injuries suffered in an accident are fully known and fully healed. In most cases, we seek an opinion of the treating physician who can confirm the diagnosis, prognosis and full extent of the injuries and impact on the injured person.
It is important not to rush into a settlement prematurely since once a settlement is reached and a release is signed, an injured person can never claim compensation again for the accident, even if the injuries become worse. Fair compensation can only be obtained once all of the facts are known, including all facts pertaining to the injuries and their impact on the injured person’s social, emotional, physical, psychological and economic life.
At Plant Quinn Thiele Mineault Grodzki PC - Ottawa Accident Lawyers, we are not in any hurry to settle cases, we settle only when the time is right. We are concerned about ensuring our client’s future well being and that fair compensation is paid. Contact us for a free consultation at 613-315-4878 / 613-315-HURT. Marc-Nicholas Quinn, Ottawa Accident, Injury and Disability Lawyer. No Fee Until You Win Lawyers
Wednesday, August 4, 2010
Ottawa Accidents - Children and Injuries in Schools - Ottawa Accident Lawyers
Schools have a significant legal duty to take care to avoid your child having an accident at school. Children are expected to be inquisitive, curious and engage in many activities in school. Children are not fully aware of all the different dangers associated with many of the activities they may be asked to participate in at school. Children are not always able to take proper care of their own safety and the law recognizes that schools must take care to protect children. Schools must take preventative steps to maintain the schools safe from all dangers and must take steps to ensure the safety of all children under their care at all times. The younger your child the more precautions should be taken by the school.
Children may be injured in school using equipment, fall on school grounds, trip and fall at school, be assaulted, be bullied, suffer injuries due to an accident on the bus or school grounds or during a field trip. In many cases, the injuries could have been avoided with proper supervision or preventative steps.
If your child has been injured because of a school's negligence, we can help. Call us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn
Children may be injured in school using equipment, fall on school grounds, trip and fall at school, be assaulted, be bullied, suffer injuries due to an accident on the bus or school grounds or during a field trip. In many cases, the injuries could have been avoided with proper supervision or preventative steps.
If your child has been injured because of a school's negligence, we can help. Call us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn
Tuesday, August 3, 2010
How to win your car accident case - Ottawa Car Accident Lawyers
How to win your car accident case - Ottawa Car Accident Lawyers
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.
Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation. A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-315-4878 or 613-315-HURT for a free consultation. Ottawa Personal Injury Lawyer Network - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.
Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation. A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-315-4878 or 613-315-HURT for a free consultation. Ottawa Personal Injury Lawyer Network - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
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