Sunday, December 2, 2012

The use of Experts in Personal Injury Cases - Ottawa Accident Lawyers

The use of Experts in Personal Injury Cases - Ottawa Accident Lawyers One of a lawyer’s greatest assets for his client when proceeding to trial is an experienced expert witness. Witness testimony is usually limited to what the person actually saw or experienced without room for personal opinions - called direct evidence. Expert witnesses however are permitted to provide opinions to the Court based on the facts presented to them as they have no direct knowledge of the facts. The quality and influence of an expert witnesses’ opinion depends largely on their qualifications as well as their ability to effectively communicate and be understood, and most importantly believed and preferred by a judge or jury. Before retaining the services of an expert, our Ottawa injury lawyers research into their professional qualifications, credibility and ability to act as a trial witness. We always request a copy any potential witness’ CV. When an expert is retained and will give evidence for you, you will be required to provide most of the information in the CV to the opposing counsel and party. The expert’s CV provides an introduction to their qualifications, expertise as well as expose any inconsistences, credibility issues or issues of bias for that expert. When reviewing an expert’s CV, it is important to be critical. If something sounds too good to be true or not quite right be sure to speak to the expert about these issues before retaining their services. Any exaggerations or out of date information on an expert’s CV can harm their credibility with a judge or jury and make their testimony harmful to your case. Opposing counsel have the opportunity to cross-examine your expert at trial. In Ontario, before an expert is able to give verbal testimony at a trial, they are require to complete a written expert’s report which must conform to the requirement of the Rules of Civil Procedure, including service on opposing counsel. Rule 53.03 details what an expert’s report needs to include as follows: 1. The name, address and area of expertise of the expert; 2. The qualifications, employment and educational experience in area of expertise; 3. The instructions given to the expert; 4. The nature of the opinion being sought and each issue in the proceeding to which the opinion relates; 5. The opinion of the expert on each issue, where there are several opinions, a summary of these opinions and the reason’s for the experts opinion with the range of opinions; 6. The expert’s reasons for his or her opinion including i. The factual assumptions that support their opinion ii. Any research conducted by the expert that formed their opinion iii. A list of every document relied on by the expert in support of their opinion 7. An acknowledgment of expert’s duty signed by the expert. After a written report has been submitted and served according with the Rules of Civil Procedure, it is important that your lawyer meets with the expert to begin preparing for testimony at a trial or hearing. Some experts are very comfortable with giving verbal testimony, others struggle or are inexperienced and will require more preparation. When preparing an expert witness for trial it is important to throughly prepare them with regards to presenting their qualifications and credentials. A practice run of the examination and cross-examination can be very helpful when preparing an expert to present their qualifications. This will allow your witness to give the strongest possible introduction at trial. The success of a personal injury case can be greatly improved by a properly chosen and prepared expert witness. Experts are costly so it is important to take the time to research and find the best expert for your case. Working with your expert before trial is the best strategy for success. In order to properly prepare your witness you should practice how the witness will present their qualification and credentials, explain the case and all legal tests, standards and terms that are applicable and have the expert communicate in an easy to understand language so that a judge or jury will be able to understand their opinions. A successful preparation leads to a successful action and in the end the extra time you spend preparing your witness will have been well spent. Ottawa accident and injury lawyers 613-315-4878 (Marc-Nicholas Quinn, Accident Lawyer) Free Consultations! No fee until you win!

Tuesday, July 10, 2012

How to Choose an Ottawa Injury Lawyer

How to Choose an Ottawa Personal Injury Lawyer. When it comes to choosing an auto personal injury lawyer, it is difficult to know without experience who the right personal injury lawyer may be for your particular case. Knowing what aspects of an Ottawa personal injury lawyer are important is a crucial point in any personal injury claim. To assist those persons who have been injured as a result of an accident and whom are seeking the assistance of a qualified and experienced personal injury lawyer to prosecute a claim seeking compensation, the lawyers at Quinn Thiele Mineault Grodzki LLP offer the following as a general guidance: 1. Personal injury law is a highly specialized area of law and when seeking a lawyer, you should seek a lawyer who focuses their law practice on personal injury insurance law issues. 2. After an initial telephone conference call with a personal injury lawyer, take the time to meet face-to-face with the personal injury lawyer to discuss your case. 3. Prepare for your meeting with your personal injury lawyer including preparing questions you may have about your case and the qualifications of the personal injury lawyer your meeting with. 4. When meeting with the personal injury lawyer, asked a lawyer if he or she is prepared to accept your case on a no fee until you win basis, otherwise known as a contingency fee basis. 5. Finally, if the personal injury lawyer provide you with a clear estimate of what your case is worth at the initial conference, that lawyer is not likely the right lawyer for you since it is impossible for any lawyer to provide you with any accurate assessment of the value of your case until all of the facts are known, all relevant documents reviewed and your injuries have healed. Only a very rough estimate can be provided, subject of course to any additional facts obtained pertaining to your injuries and your losses. The lawyers at Quinn Thiele Mineault Grodzki LLP are often asked to take on personal injury files from other lawyers who do not have experience in this area of law. Our lawyers are experienced in all aspects of a personal injury claim and that is all they handle everyday. As indicated personal injury law and cases are extremely complex and most often require the assistance of a lawyer who focuses their law practice on personal injury claims. Our lawyers offer free consultations and handle all personal injury cases on a contingency fee basis. During the consultation, feel free to ask any questions you may have about our experience as personal injury lawyers and how we can best assist you in seeking the compensation you deserve as a result of the injuries you sustained from accident. Contact us at 613-315-4878 or 613-563-1131. Visit us at www.ottawapersonalinjurylawyernetwork.com.

Thursday, June 28, 2012

What are Contingency Fee Retainers? Ottawa Injury and Accident Lawyers Explain!

Contingency Fee Retainers and Ottawa Injury and Accident Lawyers When you’ve suffered a personal injury, your ability to earn income is often negatively affected. The last thing you need to worry about when injured and can’t work is whether you have enough money to pay your bills and support your family. An injury can make it difficult, if not impossible, to complete even the smallest usual everyday activities, let alone work. In many cases, injured persons are reluctant to call a personal injury lawyer to learn what their legal options are because they are afraid of having to pay costly legal fees. At our law firm, you need not worry about that! At Quinn Thiele Mineault Grodzki LLP, Ottawa Injury Lawyers, we understand how stressful it is to suffer an injury or injuries and that it can be intimidating to call a personal injury lawyer to discuss your rights and interests and learn about your legal options. Therefore, our consultations are free and, if you hire us, we work on a contingency fee retainer basis, meaning we do not charge a fee until we win your case. If we don’t win (that rarely happens), we charge you nothing. There are many personal injury lawyers in Ontario who will work on a contingency basis for people who have suffered serious personal injuries. A contingency fee retainer allows you to retain the legal services of a lawyer without having to pay any money up front. When the case is settled, the lawyer will take a portion of the settlement as payment for their fees. A contingency fee retainer gives the personal injury lawyer a financial interest in the outcome of the case. The more you get paid, the more your lawyer is paid. That is excellent incentive for your lawyer to work hard to get the most they can for you. In Ontario, lawyers are allowed by law to charge a percentage of the recovery in personal injury cases. However, not all contingency fee retainers are the same and lawyers charge different percentage, usually ranging from 25% to 50% of the recovery. We find that most charge 30% of the recovery. We charge 30% of the recovery. Our lawyers are experienced and focus their practice almost entirely on personal injury and litigation cases. We are considered one of Ontario’s finest personal injury law boutique law firms. A contingency fee retainer is a great asset for personal injury victims because it allows them access to justice and access to experienced personal injury lawyers. If you have been injured and need help, please contact one of the personal injury lawyers at Quinn Thiele Mineault Grodzki for a free consultation. Call us at 613-315-4878.

Thursday, June 21, 2012

Ottawa accident lawyers - protection of privacy versus right to information in injury cases

Ottawa Accident Lawyers - Privacy versus Access to Information Why do I need to sign directions to release information and documents to my lawyer? At Quinn Thiele Mineault Grodzki LLP, after helping our clients with thousands of claims, we have come to notice that many of our new clients have very similar questions about the ins and outs of starting a claim and bringing it to a successful conclusion. One of the questions that we are often asked by new clients is ‘What is a direction and why do I need to sign them? ‘ In Ontario, every person has a right to privacy. Therefore, in order for your personal injury lawyer to access records kept about you by other people, your lawyer needs you to sign a direction directed to those other persons allowing them to share their files with or speak with your accident lawyer. Think of a direction form as a permission slip. A signed direction is your way of giving permission to third parties such as Revenue Canada and your doctors to share information with us about you and your legal matter. Directions, sometimes also called authorizations allow your personal injury lawyer to contact third parties to obtain the information they need to help advance your injury claim and prove certain elements of your claim such as loss of income or your injuries. There are many different types of directions because there are many different pieces of information that your personal injury lawyer will need to get you the best settlement possible. Some directions are very general and others are very specific to the type of information that is being requested. One of the most common and essential directions is an OHIP direction. OHIP keeps a detailed record of every time you visit a doctor, hospital or use an OHIP covered service. This record is called a decoded OHIP summary. A decoded OHIP summary allows your personal injury lawyer to find all the doctors, clinics and hospitals that you’ve visited in the last 7 years which makes requesting medical documents much easier. An original signed copy of the OHIP direction is always required to obtain these records and photocopies or fax copies are often not accepted. This helps protect your privacy. Requesting medical documents from your doctors or records from your insurance company is one of the first steps that we take when opening a new file. Medical or other records of your injuries go a long way to validating your claim to an insurance company. Directions are required to obtain all sorts of information that your personal injury lawyer will need to pursue a claim including: • Employment records ; • Medical records; • Police records; • Government documents ; • Income tax documents ; • Insurance records; and • School records. This list is only a sample. As you can see, the number of documents that your personal injury lawyer may need is extensive. Each of these requests requires your authorization and as such when you are beginning your claim there are a number of directions for you to sign. As well, throughout the process of litigation updated records or new records may be required which may require additional authorizations be signed. Although signing all these directions may leave your hand a little tired, they allow your personal injury lawyer to get to work and start advancing your injury claim. At QTMG we strive to provide our clients with the best possible outcomes and settlements for their personal injury claims. If you have suffered a personal injury, our experienced personal injury lawyers are here to help you. Please contact us for a free consultation at 613-315-4878. No fee until we settle.

Wednesday, June 13, 2012

Ottawa Car Accident Tips - Ottawa injury lawyer provides tips to car accident victims - Ottawa car accident news

Ottawa Car Accidents - Tips from an experienced Ottawa personal injury lawyer We all know someone who has been involved in a car accident. It is likely that one out of every four persons you know has been involved in a car accident. Like most accidents, car accidents are preventable and many people are needlessly seriously injured every day because of negligent, careless drivers and worse, drunk drivers. There seems to be a rise in car accidents resulting from distracted drivers, using cell phones, texting or other electronic devices while driving. The range of injuries suffered due to car accidents is wide and include physical, emotional and psychological injuries. In many cases, the emotional and psychological effects of car accidents last long after the physical injuries have healed. Often the physical injuries are long lasting, debilitating and permanent. Some cases result in catastrophic injuries. After a car accident, regardless of fault, you need to protect your interests and rights. Here are some tips of what to do if you or someone you love is involved in a car accident in Ottawa: 1. Call 911. There is usually someone injured and in need of medical attention. 2. Obtain the names and contact particulars of any witnesses. 3. Write down a description of those witnesses. 4. Take photos of the scene of the accident and people surrounding it; many cell phones now have built in cameras. 5. Obtain the names and contact information of the others involved in the car accident. 6. Obtain the insurance information from the others involved in the car accident. 7. Write down what you recall from the accident. Memory fades with time. 8. Report the accident to your own motor vehicle insurer. 9. Do not speak to any insurance adjuster (even your own) before obtaining legal advice from an Ottawa personal injury lawyer. In Ontario, regardless of fault, every person involved in a car accident has the right to claim accident benefits - this is our no-fault system. Persons injured in car accidents in Ottawa and throughout Ontario may also have the right to claim compensation above and beyond accident benefits, in what is called a tort claim or tort action. Dealing with insurance companies is often intimidating and insurers may not be acting in your best interests. Only an experienced Ottawa car accident lawyer can protect your interests. Car accident laws are extremely complex and our Ottawa car accident lawyers can explain your rights to you. Consultations are free and our Ottawa injury lawyers work on a contingency fee basis, meaning there is no fee until you win or settle your case. Call us for a free consultation at 613-315-4878 or 613-563-1131. Quinn Thiele Mineault Grodzki, LLP, Ottawa injury and car accident lawyers. Offering free car accident case assessments. Visit us at www.ottawapersonalinjurylawyernetwork.com

Wednesday, June 6, 2012

Best Ottawa Injury Lawyers - Car Accident Lawyers

Ottawa Pedestrian Car Accidents A few days ago, an Ottawa man was critically injured when he was struck by a taxi in the east end of Ottawa. As a result of the car accident, he was seriously injured including fractures to his leg and arm. He also sustained a head injury. He was transported to the Ottawa Hospital in critical condition. At Quinn Thiele Mineault Grodzki LLP, Ottawa car accident lawyers, we represent car accident victims every day and help our clients obtain fair compensation. We work on contingency fee arrangements and don't charge until we win the case. As a car accident victim, you have rights. You likely have a personal injury claim for compensation against the driver of the motor vehicle that hit you. Often, car accidents occur simply because the driver failed to see the pedestrian or other vehicle, sometimes it is due to driver inattention, negligence or recklessness. In some cases, motorists negligently or recklessly drive onto sidewalks and strike pedestrians. Accidents can happen because of many reasons. Whatever the cause, victims of car accidents are entitled to accident benefits to pay of medical and rehabilitation expenses, as well as other expenses. In order to be compensated fully under the law, there are many steps to take to prove the elements of your case. Only an experienced car accident lawyer can handle these steps effectively. The lawyers of Quinn Thiele Mineault Grodzki LLP specialize in all motor vehicle accident cases including pedestrian car accident cases. Most cases a settled out of court. They act for injured pedestrians every day. If you have been hurt in a pedestrian accident, we welcome you to schedule your free consultation with us today by calling us at 613-315-4878 or 613-563-1131. Our lawyers are experienced and trained in all aspects of handling a car accident case. We take all the steps necessary to build your accident case. We conduct fact gathering, document preparation, liability assessment, organize medical evaluations and treatment, and obtain necessary medical and expert opinions. If you want to talk to an experienced personal injury lawyer today at no cost to you about your personal injury - car accident claim, call us at 613-315-4878 or 613-563-1131. Our lawyers work on the basis of no fee until you win. This gives all victims access to experienced personal injury lawyers.

Ottawa Car Accident Lawyers - SUV Accident in Ottawa leaves girl and mother injured at Ottawa Trainyards

Ottawa Car Accident Lawyers - SUV Accident in Ottawa leaves girl and mother injured at Ottawa Trainyards Ottawa news reports that a woman and her 2 children were involved in an accident at the Ottawa trainyards involving their SUV. It appears that the driver was transported to the hospital and treated. The report also states that a 12 year old girl was also injured and lost concsiousness. She was also treated. In some cases, people suffer injuries in car acidents and SUV accidents with no obvious visible signs of injury. There are many injuries that do not appear right away after an accident. Soft tissue injuries often don't show signs (such as bruising) until many days after the Ottawa car accident. Similarly, back injuries are often only revealed days after a car accident once swelling has set in. Our Ottawa Injury and Accident Lawyer Blog is written regularly by the lawyers of our Ottawa injury law firm - Quinn Thiele Mineault Grodzki LLP. As a personal injury law blog, our local blog it reports on issues relating to injuries and accidents in Ontario and focusses on accident and personal injury issues. It also reports on local Ottawa news. Our blog deals with issues affecting persons injured in various accidents in the greater Ottawa area and throughout Ontario. Visit us at www.ottawapersonalinjurylawyernetwork.com. Call us for a free consultation at 613-563-1131 or 613-315-4878.