They know how the system works... do you?

The answer below is based on material in the Auto Accident Survivor's Guide for BC.   A more complete discussion of this topic is in the book. See Table of Contents and Book Index for topics covered in the book.

How do I know if someone is the right lawyer for me?

Make sure you hire a lawyer you have confidence in, feel comfortable with, and completely trust. You’ll want your lawyer to have experience in handling similar claims and be available to work on your case immediately. If no one whose opinion you respect can recommend a good lawyer, the Lawyer Referral Services of the Canadian Bar Association can refer you to someone in your area.

Most personal injury lawyers offer free initial consultations. Before you interview a prospective lawyer, check to make sure you won’t be charged for this. You may want to find out over the phone whether a lawyer (or firm) ever represents ICBC or other insurers. If former ICBC defence lawyers work for the firm, you’ll want to know this as well. While many defence lawyers ‘switch sides’ eventually and begin representing injured claimants – they make much more money doing this - you may not want to hire someone who has spent most of his professional career defending the interests of ICBC and other insurers at the expense of injured people. An experienced “plaintiff’s lawyer” will know as much about fighting ICBC’s underhanded tactics as a former defence lawyer and is more worthy of your trust.

Approximately 20 legal firms handle the majority of ICBC cases. Some initiate as many as 100 legal suits a year, with the average claim around $35,000. Those that specialize in major-loss (or large) claims limit how many cases they work on at a time. A small firm or a lawyer in private practice may be just as capable of getting you a good settlement as a large ‘prestige’ firm.

By looking at a lawyer’s website, you’ll get a general idea of the types of cases the firm handles. Keep in mind, though, that a helpful website doesn’t necessarily mean that a firm’s lawyers are good – it just means they’ve hired a good website designer. A legal website is an advertisement or ‘infomercial’. Like an ad in the Yellow Pages, it’s a sales pitch.

If you have a brain injury, spinal cord injury or other disability with lifelong consequences, make sure you hire a lawyer with special expertise in these claims. Disability groups usually won’t recommend a lawyer, but they can get you in touch with support groups whose members can recommend someone to you.

Interview several lawyers before deciding who to hire. The Auto Accident Survivor’s Guide has many pages of suggested questions to ask the lawyers you interview. Take notes of the responses you get from each lawyer so you can compare these later. Your notes will also remind you of the points you want covered in your legal contract.

You may want to ask the lawyers you interview if you can contact some of their former clients. (They’ll need to get the client’s permission for this.) You’ll also want to ask a prospective lawyer if he’s ever been sued for malpractice or brought before the Law Society of BC (or another professional body) for unethical or unprofessional behaviour. Make sure the lawyer you hire follows the professional guidelines set by the Law Society of BC – and make sure he knows that YOU know what these guidelines are.

Your lawyer should treat you with respect at all times; handle all legal proceedings connected to your case; file all necessary documents on time; advise you of your legal rights; and represent you in court and in out-of-court negotiations. He should act as your advocate with ICBC, taking whatever steps are necessary to get you the care you need and the compensation you’re entitled to. If you’re not getting accident benefits, or you’re not satisfied with the way your lawyer is handling your case or the way he communicates with you, discuss this with him as soon as possible. You can also ask a lawyer at another firm whether your case is being conducted properly. You may need to hire a new lawyer.

If you learn how injury claims are handled in BC, and what a good lawyer can do to protect your interests, you’ll be able to hire someone who works hard for you and sees that you get the medical-rehab treatment you need, and the highest possible settlement.

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Your ONLY source for unbiased and independent advice about an ICBC auto accident injury claim

Auto Accident Survivor's Guide for British Columbia

The lawyer you interview may not handle your case.

Before you sign with a legal firm, find out who will be directly responsible for your case; who you’ll deal with on an on-going basis; and who will represent you in court hearings.

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Any experienced “plaintiff’s lawyer” will know as much about fighting ICBC’s underhanded tactics as a former ICBC defence lawyer.

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