May 9th, 2012
Lawyers are governed by the Law Society of Upper Canada, but that being said, lawyers are not regulated on how much they can charge you on a per hour basis. It is a free market based on experience, as well as supply and demand. There are some exceptions to this rule when it comes to minors and disabled individuals who are always protected by courts pertaining to legal fees.
Personal injury law is different in how lawyers charge clients for their services. It is fair to estimate that at least 95% of personal injury lawyers are paid on a contingency fee basis. This means they only get paid a percentage of what they recover on your behalf.
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Tags: law society of upper canada, lawyer fees, legal fees, personal injury law
Posted in Legal Fees, Personal Injuries, Personal Injury Fees | No Comments »
April 24th, 2012
How do lawyers come up with personal injury settlement values in Ontario? In other words, how much is your case worth?
There are two critical factors that maximize the value of any settlement:
- Your personal situation
- How your lawyer approaches your case
Your personal situation is of course the most important factor taken into consideration. Factors like your profession, salary, age, severity of injury, expected medical expenses, your medical diagnosis and issues of liability (how the accident came to be) are all factors considered to determine how much you should be fairly compensated.
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Tags: ontario, personal injury, personal injury law, settlement fees, settlements
Posted in News, Personal Injuries, Personal Injury Fees | No Comments »
February 21st, 2012
In a recent interview with the Law Times, a leading Canadian Law publication, Roger Foisy warned that insurance companies are looking for evidence online – and in particular in social media platforms to dispute litigant claims. Online media in the form of a picture, video or text may conflict a claims or statement made by individuals on their insurance forms. The primary concern is when a one-time or exceptional event or activity is captured and then interpreted as a lifestyle choice or a reflection of normal abilities. This can cause significant complications for the claimant.
Read the full article – DOWNLOAD THE PDF
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Posted in Insurance Claims, Lawyer/Client Relations, Social Media | No Comments »
February 14th, 2012
Roger Foisy was recently interviewed by one of Canada’s leading law publications, the Law Times, on the issue of excessive fees charged by pharmacies and medical offices for providing client medical records. The concern with these charges is they are out of line with the time spent retrieving and providing the information. Roger has been leading the client advocacy on this problem and has sounded the alarm. Eventually, these excessive costs impact clients’ net settlement values and increase costs for insurance companies – ultimately impacting premiums.
Read the full article – DOWNLOAD THE PDF
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Posted in Insurance Claims, Insurance Coverage, Legal Fees, Personal Injury Fees | No Comments »
November 29th, 2011
In a society where checking Facebook or accessing Twitter becomes a daily habit, it is safe to assume that employees visit these types of sites during work hours and on work designated devices, like smartphones or laptops. It is also safe to say that these social media outlets are used daily for the purpose of business.
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Tags: social, social media law
Posted in Personal Injuries, Social Media | No Comments »
November 2nd, 2011
Did you know that in Ontario you could be found negligent if you are in a car accident in the winter time and found to be driving without winter tires? In the province of Quebec it is actually illegal to drive in the winter time without winter tires. Multiple studies have shown the benefits of winter tires when it comes to slippery road conditions. When it comes to liability, after a car accident if you are sued by someone involved in the accident, you could be found partially responsible for the accident as a result of not having winter tires on your vehicle.
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Tags: car accident insurance claims, insurance claims lawyer, motor vehicle claims lawyer, negligence, winter tires
Posted in Car Accidents, Insurance Claims, Insurance Coverage, Motor Vehicle Accidents, Motor Vehicle Claims, Personal Injuries | No Comments »
October 17th, 2011
In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a non-party lawyer to secure potential evidence off of a social site that his client posted online. The decision also stipulated that this was to occur without informing the plaintiff lawyer’s client of the court’s decision.
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Tags: car accident insurance claims, motor vehicle claims lawyer, social media law
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October 4th, 2011
A contingency fee agreement or retainer is defined as an agreement made between the lawyer and their client where the fee for services is only payable when there is a favourable result. This means that the lawyer is not paid until the case is settled in the plaintiff’s favour or a court judgment is arrived at in the plaintiff’s favour. (See Full Legal Glossary of Terms)
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Tags: contingency legal fees, insurance claim settlement, insurance claims lawyer
Posted in Lawyer/Client Relations, Legal Fees | No Comments »
September 14th, 2011
The car accident insurance case, Whorpole Estate v. Echelon General Insurance Co., [2011] O. J. No. 1644 (S. C. J.) has brought up the issue of conflicting limitation periods, where more than one limitation period exists and a decision must be made over which applies. In particular, this case shows the conflict between a limitation period according to the Trustee’s Act and one according to the Insurance Act.
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Tags: car accident fatalities, car accident insurance claims, insurance claim settlement, insurance claims lawyer, limitation period, motor vehicle claims lawyer
Posted in Car Accidents, Fatal Accidents, Insurance Coverage, Motor Vehicle Accidents, Motor Vehicle Claims | No Comments »
August 30th, 2011
In September 2010, the Ontario Liberal government dramatically reduced the amount of medical and rehabilitation benefits available for injured people. For most Ontario car accident victims, the amount of available rehab money dropped from $100,000 to $3,500 with the introduction of the Minor Injury Guideline (MIG).
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Posted in Car Accidents, Insurance Coverage, Motor Vehicle Accidents, Motor Vehicle Claims, Personal Injuries | No Comments »
