Legal Question in Personal Injury in Canada

Personal Injury lawsuit

I will be suing a contractor for negligence. I have reviewed my case with an expert and am thinking of hiring a lawyer. It would be the kind where I do not pay until I recieve a judgment. Based on that premise what percentage of the judgement could I expect to have to pay the lawyer.


Asked on 6/20/08, 11:48 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Personal Injury lawsuit

The questioner did not say which Province he resides in, but as noted on the LawGuru website, all questions directed to this firm must have a B.C. connection, and will be answered with reference to B.C.

Most lawyers in British Columbia do not accept contract litigation on a contingency basis (you pay fees only if your cse is successful); most accept such cases on an hourly fee basis. If you can find a lawyer who is able to accept the case on a contingency basis, the percentage will be based largely on the lawyer's analysis of the risk of loss vs the probability of success, and the liklihood of actually collecting from the contractor (you may get a judgment but if the contractor has no assets you might find it difficult to collect). Be advised that in any event, whether or not the lawyer accepts the case on a contingency basis the law requires that you pay the disbursements in any event - that is the costs of filing, serving, photocopies, faxes, long distance, expert reports, court trial fees, court reporter & transcript fees (to name just some of them). Another avenue of exploration is the B.C. Homeowner Protection Office which requires certain warranties in respect of construction - you may qualify for warranty protection.

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Answered on 6/20/08, 12:28 pm


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