Over the years, I have talked to a lot of clients and potential clients who are seeking compensation (for themselves or their loved ones) for a severe brain or spinal cord injury. I have heard a number of interesting stories about their experiences dealing with other lawyers — some have been upsetting, some frustrating and some funny. I want to share with you my top five.
Here are five things you do not want to hear from your lawyer if you (or your loved one) are seeking compensation for a severe brain injury or spinal cord injury:
- “I’m a brain or spinal cord injury lawyer. I also do wills, estates,
conveyances or divorces.”
No lawyers can do everything well.
- “This is my first brain injury or paralysis case so I’m happy to get the
Do you want to take the risk?
- “Maybe you could do it yourself in Small Claims Court.”
This is no joke! B.C. Small Claims maximum recovery is only $25,000. Far, far short
of what a very serious case is worth.
- “We will need you to fund expenses in the amount of about $10,000 (or
a similar amount).”
I’m sorry to say it, but the expenses that are required to properly fund a serious
brain injury case are likely to be more in the range of $50,000 – $100,000, or even
more. If your lawyer doesn’t know this, he or she clearly doesn’t know what is
required. Many firms that handle very serious cases will have the ability to carry
the expenses for the life of the file and get them reimbursed when the case
resolves. If your law firm can’t do so, it may not have the capacity to fully manage
- “Cut back on the rehab. You are (or your loved one is) getting “too
much better” and the case isn’t worth as much as I thought it would
This one makes me really angry. The mother of one of my very seriously injured clients was told this by her former lawyer just before she fired him. Like every injured person, her child has only one life to live and only one chance at the best recovery possible. Every lawyer should do whatever possible to encourage, assist and support their client’s rehabilitation. If they aren’t doing that, whose interests are they serving?
If you or your loved one are seeking compensation for a traumatic brain injury or spinal cord injury, please make sure you retain experienced legal representation who understand the complex medical, as well as legal, nuances of such cases and who prioritize your (or your loved ones) care and rehabilitation above all else.