How do I "retain" a lawyer?
What is a Contingency Fee Agreement?
Is it necessary to have a lawyer?
Should I proceed in Small Claims Court or the Nova Scotia Supreme Court?
What kind of lawyer should I hire?
Should I hire a small or large firm?
The Cap on Damages for Pain and Suffering Arising from Automobile Accidents: what does it mean for me?
What is a minor injury?
What should I do if I suffer an injury?
How do I "retain" a lawyer?
Retaining a lawyer simply means that you have hired a lawyer to work on your behalf. Some clients pay on a monthly basis so that the lawyer works on an ongoing case; some clients pay an amount each stage along the way; some clients enter into Contingency Fee Agreements wherein the lawyer is paid by a percentage of the eventual settlement or award. The best advice is to call us - at no charge - to discuss your case to see what payment arrangement can be worked out. Remember the initial discussion of your case is free of charge.
What is a Contingency Fee Agreement?
A CFA is an agreement wherein the lawyer is usually paid a percentage of the eventual award or settlement at the conclusion of the case. The lawyer needs to use all of his/her judgment to assess the likelihood of success in your case. Since the lawyer is taking a risk of never being paid he/she will likely ask for a higher percentage in more difficult cases.
Is it necessary to have a lawyer?
Not necessarily. If your case is small (and under $25,000) and you feel confident that you have all the relevant evidence to prove your case then you may want to consider suing in Small Claims Court and representing yourself. In Small Claims Court the rules of evidence and court procedure are more relaxed and you don't need a lawyer. However, be mindful that you are not entitled to pre-trial discovery or document disclosure so you may go in thinking that you have all the evidence only to find out otherwise at trial. Also note that the monetary jurisdiction is now $25,000 - and this is no longer "Small Clams"!
Should I proceed in Small Claims Court or the Nova Scotia Supreme Court?
As stated above, you can proceed in Small Claims Court if your claim is under $25,000. If it is over $25,000 (and you will not waive the overage) then you must proceed in the Nova Scotia Supreme Court. In this case you should almost certainly have a lawyer. The management of a case is governed by the Civil Procedure rules and these are often complicated even to lawyers!
What kind of lawyer should I hire?
There is no set prescription governing the kind of lawyer you should hire but, as in every other field, it is best to hire someone with a lot of experience in the right area. At Gavras & Associates we have spent virtually our entire careers as trial lawyers.
Should I hire a small or large firm?
Contrary to popular belief, success is not measured by the size of the firm that you hire. We can say that with confidence. At Gavras & Associates we have all worked at both large and small firms; in government and out. We have handled $500 cases and $100 million dollar cases. We have represented clients in cases involving one opposing lawyer and in cases involving 15 opposing lawyers. The degree of success is directly related to the skill and attention your lawyer gives your case. We like to think that we bring a lot of both to every case we take on. We would be pleased to answer any further questions you may have. Call us at 423-5711.
The Cap on Damages for Pain and Suffering Arising from Automobile Accidents
In November 2003, in response to a public clamour for relief against higher insurance premiums, the Nova Scotia government of Premier Hamm introduced legislation (an amendment to the Insurance Act) to “cap” damages for pain, suffering and loss of enjoyment of life (so-called “general damages”) arising from “minor injuries” at $2,500.
What that means is that injuries that might have attracted general damage awards of up to $25,000 or more are now compensated with $2,500 or less.
General damages is just one component of the compensation allowed for many accidents. This cap does not affect past or future wage losses, expenses incurred for housekeeping, treatment costs, or certain other items that courts consider.
The question of what is a “minor injury” is controversial. The legislation was followed by regulations which appear to define “minor injury” more widely than one would expect only reading the Insurance Act. There is a court challenge working its way through the courts which may clarify the situation. There are many, including us, who believe the regulations are flawed and hope that the court tosses them aside. The politics of what the government did with this legislation was popular in some circles, and unpopular in others. Many people believe the government caved into pressure from the insurance companies, leading to unprecedented profits for them, and in so doing sold out the ordinary people of Nova Scotia. As personal injury lawyers, we were saddened by the fact that the so-called crisis in the insurance industry was “resolved” on the backs of the most vulnerable segment of society - injured people. However, this website is not about politics. We have to live in the real world and deal with the law as it exists.
What is a minor injury?
About all we can say at this point is that if you have an injury that does not permanently disfigure you (such as by leaving a noticeable scar), which does not permanently affect an important bodily function (such as walking), and from which you fully recover in less than a year, you probably cannot escape the cap. However, that should not deter you from getting legal advice or making a claim, because there may be other damages which you can recover and the law may change.
Also, remember that the $2,500 cap only applies to motor vehicle accidents. Other injuries caused by the negligence of others would still be fully compensated.
What should I do if I suffer an injury?
If you have only recently had an accident, and cannot say how long it may take to recover, there are important steps that you should take to make sure that you are properly compensated down the road - whether or not the cap applies to you. Some of the things we would recommend are these:
Get medical attention at the earliest possible opportunity. Make sure to tell your doctor everything so that he or she can make notes. These notes may become very important in the future.
Follow all treatment advice promptly. If you delay in taking recommended treatment, you may face an argument later on that you did not act reasonably to get better, and your compensation may be reduced.
If you need to see your doctor for reasons other than your injury, it is a good idea still to mention your injury and how it is progressing, so that there are no unexplained gaps in the medical records.
Try to see your family physician every few months, just to check in, so that there is a good record of how you are doing.
Sometimes people forego recommended treatment because of the cost. If you are having problems getting your own insurance company to fund treatment, it may be helpful to have a lawyer pressing them on your behalf. Even so, you may have to pay for some treatments yourself. As difficult as that may be, it may be preferable to borrow the money rather than take a hefty reduction in your compensation later on because it is said that you did not act reasonably to get better. Do not let a few hundred dollars cost you a few thousand.
Be very careful with all forms you fill out, and any statements you give. These documents may be examined closely later on, and whatever you say “may be used against you in a court of law.” Be accurate. Do not overstate or understate your situation. If you are having trouble knowing what to say, get professional advice.
Expect to have your privacy violated. You may be placed under surveillance by a private investigator to see if your activities match what you say you are capable of. Your private life will become the subject of questions by insurance companies and their lawyers. Try to take the attitude that this is just temporary and nothing personal.
Do not be quick to take $2,500 if it is offered to you at an early stage. You will be asked to sign a release which would preclude you from making a larger claim if your injury proves more serious than initially believed. If $2,500 is available now, it will almost certainly be available later.
Keep a diary setting out how you feel from day to day, and detailing any expenses you incur or things that you have avoided doing because of the injury. It is human nature to forget painful experiences. It is also easy to forget all the many ways that the injury has affected your life. Examples of the kind of entries you might make are these:
“Had headache for afternoon and had to leave work early.”
“Couldn’t wax floors because of back pain - had to get friend to do it.”
“Was really tired because of pain, took 2 tylenols and went to bed. Declined offer to go to movies with friends.”
Although many of the entries are mundane, over time they give a vivid picture of how your life has been affected. Do not be over dramatic, however, as that may affect your credibility. Don’t write anything down that you would not want an outsider to read.
Seek legal advice. Most personal injury lawyers, including the lawyers at Gavras & Associates, do not charge for an initial consultation about a possible claim.
