Top 100 law firm, Express Solicitors has announced that it has acquired Michael W Halsall Solicitors, in Newton-le-Willows.
The acquisition, which is part of Express Solicitors’ ambitious growth plans completed on 31 October 2022.
Managing Partner at Express Solicitors, James Maxey said: “We’re delighted to have acquired such an excellent firm with a long-standing reputation of helping injured people. We look forward to welcoming the talented staff at Michael W Halsall Solicitors on-board and this will assist in our growth. We will continue to operate from their modern premises in Newton-le-Willows. The Directors Ian and Nial have done a fantastic job building up Michael W Halsall Solicitors to the level it is now”.
The acquisition of Michael W Halsall Solicitors further strengthens Express Solicitors’ practice in personal injury law with the addition of 2500 ongoing cases and 37 more staff.
Michael W Halsall Solicitors was established in 1987 and their outgoing Directors confirmed how important it was to find the right successor practice.
Ian Halsall said: “We are very pleased to find a suitable firm to look after our staff, the firm’s heritage and finding the right fit was very important to us. We are pleased to see during our dealings with Express Solicitors that they are committed to client care, staff welfare and progression and wish them every success”.
Maxey said: “An exceptional service will continue for the ex-Michael W Halsall Solicitors, now Express Solicitors’ clients, aided by a smooth integration of our Proclaim case management systems. Both IT departments and legal teams are working closely together to provide a seamless transition”.
Head of RTA at Express Solicitors, Kimberley Kirkby is taking the lead on integration and will be based partly from the Newton-le-Willows office for the foreseeable future.
During the acquisition, Express Solicitors was advised by long term corporate law firm, O’Connors Solicitors, Liverpool; with Michael W Halsall Solicitors being advised by Clarke Wilmott, Manchester.
Leading Top 100 law firm Express Solicitors has continued to grow its caseload and now has over 20,000 cases. Maxey reported that Express Solicitors were delighted to have the continued support of RBS, and keen to look for other suitable acquisitions as they strive to become the Number 1 Claimant Personal Injury firm in the UK.
If you’ve been injured in an accident caused by someone else’s negligence, you can file a personal injury claim against them. However, you will need to gather sufficient evidence to prove that your injuries were caused by the other party’s actions to succeed in your claim.
Various
types of evidence can be used to support a personal injury claim, and the best
evidence will vary depending on the specific circumstances of each case.
This
article discusses some of the different types of evidence that can be used to
support a personal injury claim. Read on to learn more.
1.
Eyewitness Testimony
If
you have any eyewitnesses to the accident, their testimony can be very helpful
in proving your case. Eyewitnesses can provide valuable information about what
happened, how it happened, and who was at fault.
The
best way to get eyewitness testimony is to take down the names and contact
information of any witnesses at the accident scene. If possible, you should
also try to get a statement from each witness about what they saw.
2.
Photographs and Videos
If
there are any photographs or videos of the accident, these can be used as
evidence to support your claim. Pictures and videos can help to show how the
accident happened, who was involved, and what the aftermath looked like.
Therefore,
it is always good to take photographs and/or videos of the accident scene, if
possible.
If
you are involved in a car accident, for example, make sure you take clear
photographs of the damage to both vehicles and the exact position of each car.
It is also a good idea to take photographs of any injuries you sustained in the
accident.
3.
Police Reports
If
the police were called to the accident scene, their report could be used as
evidence in your case. The police report will include information about what
happened, who was involved, and any citations that were issued.
4.
Medical Records
If
you have been injured in the accident, your medical records will be an
essential part of the evidence in your case. Your medical records will document
the nature and extent of your injuries, as well as the treatment you have
received.
Make
sure you ask for copies of your medical records, including surgical reports,
MRI results, X-ray reports, blood test results, prescriptions, discharge dates,
a list of appointment dates, and any other relevant information.
You
should also keep copies of receipts showing all costs for the medical treatment
you have received. The receipts will make it easy to determine the total amount
of your medical expenses.
5.
Expert Testimony
If
your case goes to trial, you may need to have an expert witness testify on your
behalf. An expert witness is a person who has specialized knowledge in a
particular area and can provide testimony about the facts of your case.
For
example, if you are claiming that you have suffered emotional distress as a
result of the accident, you may need to have a mental health expert testify
about the symptoms you have experienced and how they have affected your life.
6.
Documentation of Losses
If
you claim damages for lost wages, property damage, or other losses, you will
need to provide documentation to support your claim.
For
example, if you are claiming lost wages, you will need to provide documentation
such as pay stubs, tax returns, or employer statements. If you are claiming
property damage, you will need to provide receipts, estimates, or repair bills.
Take
time to gather all the necessary documentation before filing your personal injury claim. This will give you the best chance of success in getting
the compensation you deserve.
7.
Depositions
Deposition
refers to preliminary testimony given by a witness before the trial begins.
Depositions are often used in personal injury cases to get information from
witnesses who may not be available to testify at the trial.
For
example, if a witness is unavailable to testify because they live out of state,
their deposition can be read aloud in court so that the jury can still consider
their testimony.
8.
Interrogatories
Interrogatories
are written questions that must be answered under oath by the opposing party in
a personal injury case.
For
example, if you are suing someone for injuries you sustained in a car accident,
you may want to ask them questions about their insurance coverage, whether they
were drinking before the accident, or whether they have ever been involved in a
car accident before.
9.
Admission of Guilt
If
you have any evidence that the other party is admitted guilt, this can be used
as strong evidence in your case. For example, if the other driver involved in
the accident said to you, “I’m sorry, I was distracted and I didn’t see
you,” this is an admission of guilt that can be used as evidence in your
case.
10. Circumstantial
Evidence
Circumstantial
evidence is evidence that does not directly prove that the other party is
liable but may be used to infer liability. For example, if the other driver
involved in the accident was speeding, this is circumstantial evidence that can
be used to infer that they were at fault for the accident.
Conclusion
The
personal injury legal process can be daunting, especially if you’ve never been
through it before. This guide is meant to provide an introduction to the types
of evidence typically presented in a personal injury case and what you can
expect as the victim of an accident.
Of
course, every case is unique, and your attorney will help guide you through the
specific evidence that applies to your situation.
Remember
that it is always important to be honest with your lawyer; they are there to
help you, but they cannot do their job effectively if they don’t have all the
information.
So, tell them everything, even if it seems insignificant- it could be crucial to your case.
There are many personal injury news blogs posted online, mostly about the same injury cases or self-promotional ones about how good a firm’s personal injury lawyers are. Here, on the other hand, are some of the more interesting top personal injury news blog posts from around the world recently:-
If you’d like to provide additional personal injury insights, get in touch with us. Only the best personal injury posts sharing great legal information and knowledge will be considered.
Needing to look for a Van Nuys DUI Attorney is not a position that anyone ever really wants to find themselves in, but it is an unfortunate reality of life. And if you do find yourself in such a position, it is much better to know what you need to do than it is to be stuck in the dark. Read on for some tips and suggestions to follow should you find yourself in such a bind:
Look for Relevant Experience
Although all lawyers are qualified at the State level, different lawyers can have vastly different career experiences, and vastly different areas of expertise, even within the same firm or practice group. It is essential to understand how significant these differences can be when you are attempting to select a DUI attorney like Bob Bratt.
For example, as DUI is a popular enough subcategory of criminal defense law to warrant attorneys who specialize exclusively in the field, you should select a specialist. Although you may find a general practice criminal defense attorney who you know through a friend, the reality of the situation is that a specialist will understand the ins and outs of this particular type of case far better than anyone else, and will thus have the best chance of arguing your case in your favor.
Know Where to Look
In addition to choosing a specialist in DUI cases, it is an excellent decision to select your Van Nuys DUI attorney through someone who you know. DUI happens. Chances are a friend or relative has been involved in such a case, or at least knows someone who has been. Although it can be embarrassing to ask around to friends and relatives in this way, it can give you some serious help, not only in finding a quality attorney, but also in being able to receive the support and guidance of someone who has been through exactly what you are currently going through.
If you’re unable to solicit recommendations from friends and family, an excellent place to look can be the website of your state bar association. Although it typically cannot recommend an attorney, it can provide a list of attorneys in your area and give you some guidance of how to select the best attorney for your case.
Look for Reputation
One of the most important factors in judging whether an attorney will be successful in arguing your case is the type of reputation that he or she has in the community. It is, of course, difficult to assess this directly, but you can make a great proxy for it by looking at Bar Association leadership positions and event attendance. Great attorneys are often prominent in the community and in the local bar.
If you have suffered from negligence that caused you harm, you may be a victim of medical malpractice and entitled to damages. Some examples of medical malpractice are misdiagnosis, delayed diagnosis of cancer and other medical conditions, medical mistakes, surgical errors and prescribing incorrect medication.
However, finding a lawyer to act on your
behalf is not easy — it is a highly specialized area of law and the legal
issues are complex. Here are five questions to ask a prospective lawyer that
will help you decide whether they will be able to understand the intricacies of
your case and bring it to trial.
What is your experience with medical malpractice? Have you gone to trial? Your lawyer should be highly-experienced in medical malpractice litigation with a record of taking medical malpractice cases to trial. Medical malpractice cases go to court more than any other area of personal injury law and you may have a greater chance of success if your lawyer is an experienced medical malpractice litigator. In addition, expert evidence is a requirement of most medical malpractice claims – you’ll need to build a strong foundation for your case by retaining highly qualified and experienced medical experts.
How do I know if my case is valid and what do I need to demonstrate before the court? You need to show that your doctor or health care provider breached the standard of care and that the breach caused injury or damage. That means showing the care and treatment was below the generally accepted standards of a similarly qualified professional providing the same treatment, and that if you had been treated properly, you would not have had the injury. Experts play a significant role in medical malpractice cases because they set out standards of care for each profession and give evidence about whether those standards were met.
How much does retaining a medical malpractice lawyer cost? Generally, medical malpractice lawyers operate on a contingency fee basis. This means that there are no fees you need to pay to your lawyers, unless your case is successful. In addition, you might need many expert reports to prove your case, which can be costly. It is best to ensure that you understand who is responsible for these expenses prior to retaining a lawyer. Bogoroch & Associates LLP believes access to justice is of critical importance and therefore we take on medical malpractice cases on a contingency fee basis.
What will I have to reveal about myself? The burden of proof is on the plaintiff in a medical malpractice case. Records about your health history and well-being are relevant and you may have to share your medical records. In addition, your lawyer — as well as the defence lawyer — will need to ask a significant number of personal questions. If you are alleging loss of income, your tax records or your tax returns or other financial records may be examined.
How long will the case take? The length of each medical malpractice case varies, depending on the facts of the case. Some of the steps involved in a medical malpractice lawsuit include collecting relevant medical records and investigating the merits of the case, issuing the Statement of Claim, receiving the Statement of Defence, attending an examination for discovery, mediation, and trial. Your lawyers should provide you with an approximate timeline of the milestones in your case, and how they expect you to participate.
At Bogoroch
& Associates LLP, our experienced team of Medical
Malpractice Lawyers will advocate vigorously on your behalf, and we will
seek to obtain the compensation you deserve as a result of medical and/or
hospital negligence. If you or a loved one has been the victim of a medical or
hospital malpractice, contact our personal injury lawyers today. Consultations
are free and we would be honored to help you.
Tomec v.
Economical Mutual Insurance Company, 2019 ONCA 882
The Court of Appeal clarified the
applicable deadlines for disputing accident benefit claims. Tomec favours
victims of motor vehicle accidents, particularly those who have found their
condition deteriorate over time. In Tomec, the Court of Appeal
held that the two year-limitation period to dispute an insurer’s
refusal to pay benefits begins to run from the date that the insured’s right to
claim the benefits is discovered.
In 2018, the Licence Appeal Tribunal (“LAT”) and the Divisional Court determined that a hard limitation period applied to disputing the denial of accident benefit claims, which proscribed the appellant from asserting her claim before she was legally entitled to make the claim. This decision effectively required the injured party to dispute her entitlement to attendant care and housekeeping benefits under the catastrophic impairment limits before she received catastrophic impairment designation.
Why the Court of Appeal Decision
The Court of Appeal determined that a hard
deadline is inconsistent with purposes of the Statutory Accident
Benefits Schedule (“SABS”) as consumer protection legislation.
The purposes of the SABS are to reduce the economic hardship
of motor vehicle accident victims, particularly for victims suffering from
serious lasting health impacts.
A hard limitation period isinconsistent with the consumer protection legislation
designed to provide fair compensation and minimize economic disruption in the
lives of accident victims. A hard deadline potentially bars creditable
claims based on current evidence. The Court of Appeal unanimously agreed that:
[T]he hard limitation period puts the appellant in an impossible situation, where the time for claiming a benefit commences when she is ineligible to make such a claim. This is an absurd result. To choose it, as the LAT did, is unreasonable.[1]
Applying the Supreme Court of Canada’s test in Pioneer, the Court of Appeal held that the limitation period is subject to the rule of discoverability because it is directly tied to the cause of action that an insured person can assert when denied benefits. The principle of discoverability applies to the two year limitation period to dispute an insurer’s refusal to pay benefits in the Insurance Act and SABS. The Supreme Court of Canada set the test for determining whether the principle of discovery applies when the limitation period is contingent on the accrual of a cause of action or some other event that can only occur when the plaintiff has knowledge of his or her injury to ensure the plaintiff had knowledge of his or her legal rights before they expire.[2]
The Effect on Accident Benefit Claims
The Court of Appeal concluded that a hard
limitation period runs contrary to policy rationales for limitation periods and
would lead to absurd results. By extending the deadline to dispute accident
benefit claims to the date of discovery, injured victims are no
longer held to a “hard” deadline fixed to a known event (i.e. a denial date of
benefits). Insured persons can be assured they will not be barred from seeking
an elevated level of statutory accident benefits should they reach “Catastrophically
Impaired” (“CAT”) status two years after their insurer’s denial of benefits.
Bogoroch & Associates LLP are committed to helping victims through these difficult times by providing effective, efficient, and compassionate legal representation. If you or a loved one has been injured in a car accident, please contact our personal injury lawyers today. Consultations are free and we would be honored to help you. To learn more, please download our free brochure on car accident claims.
If you have recently been involved in a car accident and are struggling to pay the bills, it may be time to call an auto accident attorney to discuss your case. The injuries and damages resulting from a car crash can be financially devastating without proper legal representation, even if you were not at fault for the accident. An auto accident attorney can help you receive the compensation you deserve from the insurance companies, assemble evidence on your behalf, and assist with proving the opposing party’s fault or negligence.
Fair compensation for the damages and injuries
from a car accident is often challenging to understand and quantify. Many
drivers are not fully aware of their rights after an accident and may accept a
settlement far below the value of their case. Be careful when speaking with
another person involved in the accident or the insurance adjusters- what you
say can affect the outcome of your case.
If your injuries from an accident where you
weren’t at fault are difficult to pay for, it’s time to call for legal
assistance. If your injuries have prevented you from going to work or receiving
regular wages, it’s time to schedule a consultation with an attorney. An
experienced accident injury lawyer will access your case to determine its value
and provide you with appropriate next steps.
What Should I Do After a Car
Accident?
Immediately after a collision, check to make
sure you and your passengers were not injured. Safety should always be a top
priority, and seeking medical attention when necessary can be critically
important. If you can, move your car out of the middle of the road or onto the
shoulder. Do not open the car door until you are 100% sure it is safe to do so-
this is particularly important for accidents that occur on the highway. If you
are unsure, stay in your vehicle. Then, call 911 to notify them of the accident
and if anyone needs medical attention.
The next thing to do immediately after the
accident is to exchange insurance information with the other driver (or
drivers) involved in the crash. You may also want to gather phone numbers or
other contact information for following up after the accident. Next, gather
evidence of the scene- take photos if possible and record license plate
numbers.
The evidence gathered after an accident can
provide substantial support for your case in the negotiations process or in the
event that your case goes to court. After the police arrive and access the
accident, you will receive a police report that can act as additional evidence
for your case. The police report can essentially serve as an account of the
accident but from a third party. Police reports often include statements from
others who witnessed the accident. Next, it’s time to look into calling a
personal injury lawyer.
What Situations Require an Auto
Accident Attorney?
An accident injury attorney can provide legal
assistance and advice in a few scenarios. If you aren’t sure what the right
course of action is, it’s often better to consult a lawyer or schedule a
consultation. Most accident injury lawyers provide free consultations and can
help you to determine how you should proceed.
The Other Driver Was At Fault or
Negligent
Fault in a car or truck accident case is
assigned when someone is directly liable for causing the accident.
Understanding who is at fault for an accident is often critical to the success
or failure of car accident injury cases and directly impacts the value of the
final settlement. If you think another driver in the accident could be found at
fault for the accident’s related damages and injuries, calling a personal
injury is often the best course of action.
Fault is not always a simple concept assigned
to a single driver- sometimes, both drivers involved in an accident are liable
for causing the accident and can therefore both be found at fault. In this
case, each driver is said to be partially at fault. If a driver had the
opportunity to take action to prevent the accident from occurring but did not
do so, they may be considered negligent and therefore partially or fully at
fault. Negligence and fault are often legally complex- you may want to check
out this article for additional information on
understanding these terms.
Your Insurance Company Payout
Does Not Cover Medical Expenses
If your car or medical insurance coverage does
not adequately cover the injuries that occurred as a result of the car
accident, it may be time to call a personal injury lawyer. Not all insurance
policies are created equal- you’ll need to check the terms and conditions of
your policy. Many insurance providers will not pay the insured if they are
found to be at fault. If your insurance provider is not providing proper
financial support based on the terms of your policy, it’s time to contact a
personal injury lawyer.
A Subrogation Claim is Filed
Against You
If you’ve recently won a car accident injury
case and received a settlement, your insurance provider has the right to pursue
reimbursement for its initial payout through subrogation. Subrogation and
subrogation waivers often come up in the terms of an insurance policy- you
check with your insurance provider to get more information on their right to
pursue.
Subrogation is another complex legal term that
a personal injury lawyer can help you understand as it pertains to your case.
However, there is plenty of information
on subrogation available online to get you started. If you think
that your insurance provider or the insurance adjustor is pursuing too much of
your injury settlement, you may want to contact a personal injury lawyer so
they can negotiate with the insurance company on your behalf.
How Much Does an Auto Accident
Attorney Cost?
Most accident injury attorneys operate on a
contingency fee basis, which means they only get paid if and when you win a
settlement from the opposing party. This fee is typically a percentage of your
settlement, which means that you won’t lose the settlement to legal fees. The
initial meeting with most accident attorneys is free, which means there is no
risk to scheduling a consultation to discuss your case today.
As of July 1, 2021, the Law Society of
Ontario (“LSO”) has mandated the use of a Standard Form Contingency Fee
Agreement and has enacted new rules governing contingency fee agreements. You
can read and download the Standard Form Contingency Fee Agreement developed by
the LSO by visiting their website. The key features of the Standard Form
Contingency Fee Agreement (“SFCFA”) are outlined below.
The fee that you will pay us for legal
services is a percentage of the money you get as a settlement or as an award at
trial. The percentage also applies to any amount paid by the other side for
costs. Costs is money to help you pay for legal fees but in most cases, costs
pay only for a part of a person’s legal expenses.
As of July 1, 2021, we are required to
disclose and post on our firm website the maximum contingency fee
percentage we charge under the SFCFA which is set out below:
Maximum Fee for Personal Injury Cases including Motor Vehicle Accident, Statutory Accident Benefits, Long-Term Disability, Product Liability, Slip and Fall and other Occupiers’ Liability Cases.
The maximum fee we charge is 30% of your settlement or trial award including costs, plus HST.
Maximum Fee for Medical
Malpractice, Hospital Malpractice, Nursing Negligence, Dental Negligence and
other Professional Negligence Cases.
The maximum fee we charge is 35% of your settlement or trial
award including costs, plus HST.
Why is there a difference between car accidents, slip and falls, and general personal injury litigation and the fees charged for medical malpractice litigation?
In our experience, the vast majority of personal injury lawsuits settle out of Court, generally either following the Examination for Discovery, at Mediation, or at Pre-Trial. While there are no precise statistics as to the number of cases which settle without trial, it is our understanding and belief that close to 99% of all personal injury lawsuits settle without a trial. For that reason, and because of the strong likelihood of an out-of-court settlement, our contingency fees for this practice area are less than what they are for medical malpractice cases.
Why are malpractice fees higher?
Medical and Hospital malpractice cases are among the most difficult, expensive and risky types of lawsuits. They involve complex issues of standard of care and causation and, unlike personal injury lawsuits, often go to trial. Law firms retained on behalf of doctors and other medical professionals defend these cases aggressively and take them to trial when they believe the case is defensible. Importantly, and in our experience, the decision by doctors and health care professionals to go to trial is not influenced by economic factors such the very expensive costs involved in going to trial. On the other hand, personal injury lawsuits, which are defended by insurance companies, are much more influenced by the cost of litigation.
As a result, when we accept a medical
malpractice retainer, we expect that the case will proceed to trial, or, if it
does settle, it will likely settle very close to trial, and only after our Firm
has expended tens of thousands of dollars, and often more, on obtaining expert
evidence to support your case. For that reason, given the complexity, expertise
and expense of litigating these cases and the real risk of their proceeding to
trial, the maximum fee that we propose charging is 35%.
Below is an example which will help you understand how
fees are calculated in Personal Injury Cases using a percentage of 30% for
illustration purposes:
This is a prototypical or basic example. Let’s assume that the case is settled
for $100,000, plus costs of $15,000, which can be thought of as a contribution
by the defendant(s) towards legal fees, for a total of $115,000. Let’s also
assume that the disbursements are $10,000 for a total recovery of $125,000.
Our fee is calculated at 30% of
$115,000 for a total of $34,500.
The HST on the fee of $34,500
is $4,485 for a total fee of $38,985.
The disbursements of $10,000
are also payable to our Firm as we have paid for them on your behalf throughout
the case.
Therefore, the client will
receive $76,015 on this example ($115,000 – $38,985 =
$76,015).
What happens if you are unhappy with the account?
Every client in Ontario has the right to have the lawyer’s account assessed or
reviewed by an Officer of the Court known as an Assessment Officer.
The assessments, generally, must be done within thirty (30) days of receiving
the final account. The assessment office for the City of Toronto is located at:
Superior Court of Justice Toronto
Assessment Office
393 University Avenue, 6th Floor
Toronto, Ontario
M5G 1E6
416-327-5121
Contingency Fees – What you need to know.
If, prior to retaining our firm, you have questions about the fee structure or
questions raised by the Law Society Guide, please email us at info@bogoroch.com or
call us at 416-599-1700 and we’d be happy to answer your questions.
Our Objective
Our objective is to provide you with access to justice, and if we have the honour of representing you, to pursue your case with persistence, determination and strength no matter how difficult or costly the case may be.
We believe in clear, direct and practical
legal advice. We are efficient and effective in bringing about prompt
settlements. We believe that it is important for you to always know what is
going on with your case. Our lawyers, law clerks and assistants are in touch
with you by email or phone or Zoom on a regular basis. As much as we can, we
aim to relieve and reduce the stress you have coping with your injuries.
Bogoroch
& Associates LLP is dedicated to providing access to justice to all
those who suffer injury as a result of the wrongful actions of others. Going to
Court, however, can seem intimidating, difficult, time consuming, and, most
importantly, expensive. It can make obtaining access to justice seem
unattainable for all except the wealthy.
To ensure justice is available to all, we
at Bogoroch & Associates LLP accept cases on a contingency fee basis. What
does that mean for the client? A contingency fee agreement means that
we will wait to get paid until after your case is concluded, and we will be
paid only if you receive money either as a result of a negotiated settlement or
an award at trial. If you lose your case, you do not pay any legal fees to us.
If we agree to take on your case, we don’t
require any upfront payments for disbursements. Disbursements are payments for
items and services from third parties such as court filing fees, the services
of expert witnesses and medical records. We cover the cost of disbursements
necessary to support your case for as long as we are your lawyers.
If you have been injured in a car accident
or a slip and fall, or if you’ve been the victim of medical malpractice or
wrongfully denied disability benefits, contact our personal
injury lawyers today. Consultations are free and we would be
honored to help you. Though Toronto based, we provide legal services across
Canada.
This is perhaps the most common question asked at the onset of the client-lawyer relationship in personal injury litigation.
The most common answer provided by lawyers
to their clients will likely be “It depends…” followed by numerous
contingencies in relation to the impact of the accident on various aspects of
your life which will materialize over time.
While answers will, at first, seem to lack the certainty and clearly defined parameters you initially desired, it is an accurate assertion of the nuances and complexities involved in the valuation of damages in personal injury litigation.
A plethora of factors will determine the
value of your case, and ultimately only time will tell how these factors
materialize and impact your life and, therefore, the quantum of damages in your
case.
Throughout the life of the lawsuit, and as
time elapses, the impact of your injuries on your ability to work, your ability
to complete your daily activities (including housekeeping, hobbies, caregiving
obligations, social activities and recreational activities) and your care costs
will become more clear, more defined, and more easily quantifiable.
Damages are divided into two categories:
(1) non-pecuniary damages and (2) pecuniary damages.
Personal Injury Law (Non-Pecuniary Damages):
Non-pecuniary damages are commonly referred
to as “General Damages” or “Pain and Suffering”.
General damages are designed to compensate
you for your physical and mental pain and suffering resulting from your
injuries. Courts have considered various factors when determining non-pecuniary
awards, such as the nature of your injury, the severity and duration of your
pain, your age, and your level of disability, disfigurement, or loss of
enjoyment of life.
As compared to the United States,
non-pecuniary general damages are severely limited in Canada. As a result of
three Supreme Court Canada decisions, known as “the trilogy”, the Court
introduced a monetary limit on damages for pain and suffering, loss of
enjoyment of life and loss of amenities of life.
As a result of this monetary limit, or
“cap”, the most you can recover for general damages today is approximately
$380,912.00 (indexed for inflation as of September 2018). It may seem unfair
that the most catastrophic injuries, such as traumatic brain injuries,
paralysis or loss of limbs, are subject to a limit on pain and suffering
damages.
Personal Injury Law (Pecuniary Damages)
Pecuniary damages (or special damages) are
damages that are measurable. These include past and future loss of income, past
and future care costs and housekeeping expenses.
Past and Future Loss of Income
Your claim for loss of income can include
past and future income.
To ensure that our clients’ past and future
income loss is accurately quantified, Bogoroch & Associates LLP retains
leading actuaries and accountants to prepare income loss reports that account
for various factors which impact your future loss of income including, but not
limited to, retirement age, market trends, inflation, promotions/advancements,
disabilities, loss of competitive advantage and collateral benefits.
Bogoroch & Associates LLP, Toronto
personal injury lawyers, also retains vocational and medical experts to provide
a medical-legal expert opinion in regard to your ability to work in light of
your accident related injuries.
Past and Future Care Costs & Housekeeping Expenses
Your claim for care costs can include past
and future care costs such as the cost of medical and professional services or
equipment you require as a result of your injuries. You must demonstrate what
future care costs you will incur as a result of your injury. Housekeeping and
home maintenance can also be a significant part of your everyday life and
therefore is a recoverable loss.
Bogoroch & Associates LLP retains
Occupational Therapists to complete thorough assessments and detailed reports
outlining your past and future care needs. Their recommendations are
subsequently quantified by an accounting firm, which Bogoroch & Associates
LLP also retains.
Bogoroch
& Associates LLP diligently requests your medical records from all
treating health care practitioners to ensure that your claim for past and
future care costs is substantiated. We also retain vocational and medical
experts to opine on your prognosis and respective treatment and devices you
require as a result of your accident-related injuries.
We are experienced in all aspects of
personal injury and medical malpractice litigation. We have the confidence and
skill to advance your motor vehicle
accident or medical
malpractice claim to settlement or trial while helping you navigate the
complex medical, legal, and insurance issues. If you have been injured in a car
accident or a slip and fall, or if you’ve been the victim of medical
malpractice or wrongfully denied disability benefits, contact our personal
injury lawyers today. Consultations are free and we would be
honored to help you. Though Toronto based, we provide legal services across
Canada.
Rule 76 of the Rules of
Civil Procedure provides for actions of a lesser monetary value
to proceed by way of a more streamlined process called
the “simplified procedure.” The purpose of the Rule is to reduce the cost
of litigating claims of modest amounts by reducing the amount of unnecessary,
expensive and time-consuming procedure. Significant amendments to
Rule 76 were introduced on October 23, 2019, to take effect on January 1,
2020. The most significant changes are as follows:
Monetary limit is increased
from $100,000 to $200,000.
Jury trials are not permitted
trials will proceed by judge alone.
Examinations for discovery by
each party to increase to 3 hours instead of 2.
Trial length capped
at 5 days.
Costs capped at $50,000.
Disbursements capped at $25,000.
Hard limit of 3 experts
Examinations-in-chief to be
done by affidavit only.
Mandatory Mediation and Rule 24.1
Simplified procedure cases commenced in
Toronto, Windsor and Ottawa continue to be subject to mandatory mediation
pursuant to Rule 24.1.
Pre-trial Procedures
The amended rules require
that a pre-trial date must be scheduled within 180 days of the
action being set down for trial. At least 30 days before the
pre-trial conference, the parties must agree upon a proposed trial management plan
to be filed five days before pre-trial. The judge or master hearing the
pre-trial conference is to approve the proposed trial management
plan fixing the division of time for each party at trial.
Under the amended rules, examination
in chief of a deponent is not permitted. A party can cite evidence at
trial by affidavit and, under Rule 31.11, by reading in evidence from
examinations for discovery; the latter was not permitted prior to
the amendments. The timelines for cross-examination, re-examination,
openings, and oral arguments, are fixed by
the approved trial management plan. At pre-trial, the
presiding judge or master is also to fix trial dates, the number
of non-expert witnesses and the dates for the delivery of any witness
affidavits.
Trial Procedure and Elimination of Jury
Trials
Actions commenced under the new
procedure will move forward as summary trials, tried
by a judge alone for a maximum of five days. The amendments
prohibit jury trials. The restriction on the delivery of a jury
notice does not apply to actions in which a jury notice is delivered
before January 1, 2020. Lawyers may consider delivering a jury
notice for any outstanding simplified procedure actions they
have prior to the start of the New Year. Parties to actions
involving a claim for malicious prosecution, false imprisonment, defamation,
libel or slander may still deliver a jury notice
on or after January 1, 2020, provided they continue their action under the
ordinary procedure by delivering a Form 76A.
Parties intending to call expert evidence
at trial must comply with the requirements of Rule 53.03 and must now must
append to an expert report served under Rule 53.03, an affidavit from the
expert in which the expert adopts the report for the purpose of giving it
as evidence. Expert affidavits to be cited at trial are to be
included in the trial record.
Costs and Disbursements
Recovery of costs and disbursements will be
limited to $50,000.00 and $25,000.00 excluding H.S.T, respectively, except
where an Act provides otherwise, and subject to the cost
consequences under Rule 76.13 for failing to use the simplified procedure.
These new limits on recovery do not apply to actions commenced prior to January
1, 2020.
Summary of the Amendments to Rule 76 of
the Rules of Civil Procedure in Ontario
As the monetary jurisdiction of
Rule 76 is increased to $200,000.00, more injured plaintiffs can expect
their cases to proceed by way of the more efficient and simplified
procedure.
Never forget that it is your case. At
Bogoroch & Associates LLP, we are
committed to keeping our clients fully informed about when the case is
likely to be completed, whether it will proceed
under the simplified procedure of Rule 76, as well as providing
an approximation of what your case is worth. For more information on
the amendments to Rule
76 of the Rules of Civil Procedure in Ontarioor any
other legal matter relating to personal injury,
please contact Bogoroch & Associates LLP. We offer free consultations and
would be honored to help you.
