Month: November 2021

Personal injury lawyers are civil litigators who represent clients, often referred to as plaintiffs, who are alleging physical or psychological injury as a result of negligence or careless acts by another person, company, organization or government entity. 

Personal injury law is a broad term that encompasses a number of different situations where a victim has endured physical or psychological damage.  The types of cases that personal injury lawyers typically handle fall within the area of tort law that include slip and fall accidents, motor vehicle accidents, flawed products, and other recreational accidents or accidents that result in serious personal injuries.

The role of a personal injury lawyer is to act on behalf of their injured client to negotiate fair compensation for damages sustained during an incident. 

Lawyers who practice personal injury law help their clients obtain compensation for losses incurred, such as loss of income, loss of capacity to earn, inability to perform activities of daily living, pain and suffering, loss of companionship, emotional distress and legal costs.

Individuals that seek advice or representation from a lawyer should be aware that the lawyer is bound by strict standards of professional and ethical responsibility.  In Alberta, lawyers are governed by the Law Society of Alberta and the Code of Conduct sets out the lawyer’s obligations to their clients, courts, counsel and to the public.

FIDUCIARY DUTY TO THE CLIENT

Lawyers are under a ‘fiduciary duty’ to their clients.  Lawyers owe a duty of good faith and must act honourably.  It is a lawyer’s predominant duty to perform legal services on behalf of his/her client to the standard of a competent lawyer.  A client is entitled to expect that his/her lawyer has the ability and the capacity to deal with legal matters. 

Lawyers have a fiduciary obligation to their clients and must act honestly and be candid at all times.  Lawyers must also act in good faith to advance their client’s best interests.  A lawyer is obligated to take all actions and give advice that will benefit their client and must use professional skill to protect their client’s best interests. 

SOLICITOR-CLIENT PRIVILEGE

One of the most important principles of the lawyer-client relationship is the right to have your private communications with your lawyer protected by solicitor-client privilege.  Your lawyer can’t reveal any information that you disclose in confidence, unless you give your express permission.  However, this privilege does not apply to communications for the purpose of committing a crime or an act of fraud.

The duty of confidentiality allows clients to participate in honest and frank communication with their lawyers.  This, in turn, allows lawyers to provide their clients with the most effective representation, equipped with all of the relevant facts.

In order to claim solicitor-client privilege, three pre-conditions must be met.  The communication must be:

• Between the lawyer and the client;
• For the sole purpose of seeking or giving legal advice; and
• Intended to be confidential by the parties.

CONFLICTS OF INTEREST

Lawyers also have a duty not to act or continue to act for a client where a conflict of interest exists.  A conflict of interest may occur where there is a risk that a lawyer’s representation of a client will be adversely affected by the lawyer’s own interest or his/her duty to another client or third parties. 

For example, a conflict of interest may arise where a lawyer is asked to represent a client in a matter where the lawyer has a personal stake in the outcome.  Another example is where a lawyer is asked to act for a client in a case against a former client.  In these situations, the duty to avoid conflicts of interest requires that the lawyer refuse to act in these circumstances.

YOUR ROLE AS A CLIENT

In general, there are a variety of ways that you as a client can establish the most effective relationship with your lawyer.  These include the following:

• Be truthful with your lawyer;
• Preserve all evidence including photographs and videos;
• Be cooperative and respond to requests for information by your legal team in a timely manner;
• Always keep your lawyer informed of any changes in your medical condition or if new evidence becomes available as time progresses;
• Attend meetings and legal proceedings, such as discoveries or mediation, advised by your lawyer and be punctual, and if you cannot attend a meeting let your lawyer know as soon as possible; and
• Be considerate and polite with your lawyer and the entire legal team.

Hiring a lawyer is one of the most important decisions you make following your accident and the quality of legal representation you receive can have a major impact on your recovery.  When you hire Cuming & Gillespie Lawyers, you are hiring award-winning lawyers with over 20 years of experience.  You can rest assured that your case is in the best hands.

If you or a loved one have suffered serious personal injuries as a result of the negligence or carelessness of a third party, it is important to have an experienced personal injury lawyer by your side.  The professionals at our service are very familiar with how personal injuries can negatively impact one’s life and we want to help you during this difficult time by advocating on your behalf.  Call our office for a free initial consultation online or at 403-571-0555 to determine how we can help you with your personal injury claim. 

Once you decide to file a personal injury claim, you want to do everything you can to maximize your potential compensation. A crucial part of making a full recovery is ensuring you have adequate compensation to do so.

What you do after your injury matters, and there are distinct things you can do to make the most of your claim. Having an understanding of what aspects of your injury case are in your control can help you get the maximum amount possible. Here are ten ways to maximize compensation in your personal injury case.

1. Preserve Evidence

The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be.

You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case.

2. Get Medical Treatment

Winning your personal injury case means getting a fair payment for your injuries and other losses. To do this, you need an accurate picture of your damages. You will need doctors and other health care professionals to document your injuries and formulate a treatment plan. This documentation can encourage the other side to come to the table and offer a higher settlement.

You should get medical treatment, even if you’re unsure about the extent of your injuries. If your doctor recommends a treatment plan, you should carefully follow it. This should include seeking any necessary physical therapy and treatment for things like flashbacks and post-traumatic stress.

3. Value Your Claim Fully

Don’t assume that you’re limited to any one type of damages. There are several different types of damages you may suffer because of your injury. You may not even be aware of all of the kinds of injuries and losses that you have.

You can claim compensation for loss of regular use of body functions and even emotional damages. These are in addition to recovering your out-of-pocket losses. An experienced Nevada personal injury lawyer can consult with you to evaluate these categories of damages individually.

4. Don’t Be Too Eager

When you’re hurt, it’s easy to want a check in your hands as soon as possible. Sometimes, accepting the first offer you receive can prevent you from maximizing your compensation.

To get the best recovery in your case, you have to let the other side believe that you’re willing to go the distance. This can mean rejecting the first, second or even third offer. It’s important to work with an attorney for an expert opinion about whether to accept or decline a settlement offer.

5. Explain Why the Offer Is Inadequate

Part of getting maximum compensation means convincing the other side you have a strong case. When you get an insufficient settlement offer, you can respond by explaining to the other side why it’s unacceptable, with documentation that reinforces your assertions.

This settlement rejection can show them that you’re committed to getting the compensation you deserve and that you have a strong case under Nevada law. An attorney can help you handle all of the considerations related to rejecting a settlement offer, and providing documentation on why it’s considered inadequate.

6. Don’t Forget Future Damages

A personal injury can bring losses both immediately and long into the future. You might not fully recover from your injuries before your case goes to trial. It’s crucial to make considerations about future recovery when negotiating a settlement amount.

Related: Negotiating Process in Personal Injury

You can include future damages as a part of your claim. In some cases, future damages might even comprise the majority of your losses. You need to work with medical professionals to document these losses and include them in your claim.

7. Build Your Case

Doing the work to build your case methodically can maximize your damages even if your case never goes to trial. This case preparation includes serving discovery demands to the other side and having your attorney conduct depositions or request records. You may need to be seen by various medical professionals, and your attorney might work with other expert witnesses to build the strength of your case.

Having a strong case prepared for trial can pressure the responsible party to offer you a fair settlement. If the other side senses that you’re not doing the work to build your case, they’ll be more likely to low ball your settlement offer. If they know you’re ready to go to trial and win, they’ll be more inclined to pay you an adequate amount.

8. Don’t Wait to File Your Case

After an injury occurs, you have time limits to bring your case. It’s important to bring your case as soon as possible because you don’t want to risk time running out. After the statute of limitations expires, you may not be able to recover at all. Also, filing your case lets you begin to gather evidence formally.

This can be a critical aspect of being able to preserve the evidence necessary to build your case. It also lets the other side know that you’re serious about getting a fair recovery and moving the case through the courts as quickly as possible.

9. Stay off Socials

Most people are familiar with the phrase that states that everything you say can and will be held against you in a court of law. Unfortunately, not all people realize that this phrase also applies to what you say on social media.

If you’re claiming devastating injuries, but your Facebook page tells a different story, it can ruin your case. The other side is watching, and your best bet is to keep quiet and let your attorney do the talking. It’s also a good rule of thumb not to talk about any aspect of your injury case with anyone, or anywhere until a settlement is reached.

10. Make a Good Impression

The other side is going to make a settlement offer based on what they think a jury might do at trial. Juries make their decisions based on what they see and hear at trial. It’s important to put your best foot forward.

This means being polite and respectful at all times and looking your best when you’re due in court. All of these little things can help you convince the other side that a jury is going to be sympathetic to what happened in your case. This small effort can nudge the other side to offer you a fair settlement.

An Attorney Can Help

A qualified personal injury lawyer can help you determine what needs to be done to help maximize your compensation. At each stage, they can help you build your case and communicate with the other side to pursue a fair settlement.

If your case goes to trial, your attorney will be there to help you present yourself and your case in the best way. The legal process takes patience, but your attorney can help you navigate Nevada’s complex legal system and pursue a course of action that results in the maximum compensation possible for your case.