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Frequently Asked Questions: Legal

Can I handle an injury claim on my own or do I need a lawyer?

If you only have minor injuries and your claim is fairly straightforward, there may be little reason to hire a lawyer. It will take longer to settle your claim and your legal fees will reduce the money you end up with. But if you have serious injuries with long-term consequences, or several people were injured in the same accident, you should consult a lawyer as soon as possible ...more >>



What will I have to pay a lawyer to represent me in an injury claim?

Most personal injury lawyers are paid a contingency fee (a percentage of the money recovered). You'll also be responsible for your lawyer's expenses. You should be reimbursed for most of these expenses, but probably not all of them even if you win your case. Your lawyer will expect his expenses to be paid in full unless your legal contract specifies otherwise. The contingency fee you're charged ...more >>



How can I avoid being over-billed by my lawyer?

The best way to avoid being over-billed is to sign a sound legal contract that protects your interests. What you'll be charged in legal fees should be clearly outlined in this. Once your case resolves, if you don't feel the legal fees you've been charged are fair, you'll have the right to take your lawyer to court to dispute this. The courts have been open to reducing ...more >>



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 ...more >>



What should my legal contract or fee agreement with my lawyer say to protect my interests?

This should clearly outline the services your lawyer will perform, the legal fees and other costs you'll be responsible for, and other issues that are important to you. A lawyer's contract protects his interests and limits his liablitly towards you. It doesn't protect you in the same way. While you can use his contract as a starting point ...more >>



Is it better to take my claim to trial or settle out of court?

There are many advantages to settling out of court, but it's not always possible to do. Your adjuster may not be willing to negotiate a fair settlement amount if he thinks you'll be awarded less money in court. Cases that involve future economic losses generally end up in court as do most brain injury cases, cases that involve psychological issues, PTSD or chronic pain, and cases ...more >>



Some lawyers advertise: 'No fee unless you collect!' Does this mean I won't have legal fees to pay if I lose my case and don't get any money from ICBC?

Most law firms expect you to pay your lawyer's out-of-pocket expenses even if you don't get any money from ICBC. They don't consider these expenses legal fees. You may not pay a contingency fee if you lose your case, but you could still be responsible for thousands of dollars in expenses. Medical-legal reports alone can cost tens of thousands of dollars. A few legal firms say they don't bill unsuccessfull claimants for expenses ...more >>

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