Legal Question in Personal Injury in Canada

My mom got hit by a truck in April of 2009 when she went out for her routine daily walk! she was in serious condition broken ribs smashed face i couldn't even tell it was my mom when i first saw her, her face was soo swollen. The driver that hit my mom is lieing and giving false information and since my mom has no memory of the accident they are king of taking his side.

They are offering 125 thousand dollars to my mom and my mom thinks it is a slap in the face as her lawyer has informed her that by the end of it she will get app 80 thousand cause of the lawyers fees should she be getting a better lawyer or is this as much as he can get for her? or should we be taking this to court??


Asked on 3/14/11, 2:12 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

This question can not be answered without much more information; first the medical reports from the experts would have to be reviewed (those are the reports from the specialist her lawyer would have sent her to); next her earnings loss, both from the crash date to the prsent and thenthe projections from the present date into the future to her expected date of retirement. Her life style pre-crash must b examined in some detail and compared to her life-style and abilities after the crash and at the present must also be looked at. As to the lawyer, lawyers charge either by how much work they put into a file and get paid along the way, usually every month or so. The lawyer doing this gets paid regardles of the outcome - win,lose or draw. If someone can't pay along the way, or only wants to pay if they win, then they are asking the lawyer to share the risk of loss with them. In this case the lawyer should be paid more because he is risking not bing paid at all. In BC, a lawyer is allowed to charge a maximum of 1/3 plus HST for his professional services. Additionally the lawyer usually loans mony for the myriad out-of-pocket expenses such as Court fees, process severs, physicians' reports and records, photocopies, economists' reports, rehabilitation and occupational experts' reports, and much more. These things have to be paid for and are not part of the lawyer'sw fees for professional services. If your mother wants a 2nd opinion, she is entitled to it, and should take the entire file to another lawyer to see what he or she says.

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Answered on 3/14/11, 4:07 pm


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