Why retaining Osborne Cane as the lawyers on your serious injury claim is the right choice.
In British Columbia, if you’ve been injured in a motor vehicle accident or through the negligence of someone under other situations like medical malpractice – the law gives you a right to compensation for your injuries and how those injuries affect your work or personal life. Determining what you are owed in compensation is best assessed by a skillful and experienced personal injury lawyer. The lawyers at Osborne Cane have the knowledge, experience, trial and negotiation skill and most importantly, reputation to achieve the best outcome for our clients’ cases.
Osborne Cane offers a free, no-obligation consultation to help you understand your rights, including a second opinion in the event that you are thinking about changing lawyers. Simply call us at (604) 568-8847 to set up a meeting to speak with a lawyer or to make an appointment to visit our office.
Do I really need a lawyer? Won’t the insurance company settle with me directly?
ICBC would be happy to settle with you directly, but it will always be at a fraction of what a highly-regarded trial lawyer can get for you once the case has been properly evaluated and fully prepared for negotiation. ICBC’s first objective is to settle claims like yours as quickly as possible with the lowest payout possible. If you’ve been dealing with an ICBC adjuster and they have made you an offer, it is essential that you speak with a lawyer to get an opinion on whether that offer is fair. Osborne Cane is able to provide you with an experienced, objective, free evaluation of what your claim is worth.
It’s hard for me to pay for a lawyer. What will this legal process cost me?
Talking with one of the lawyers at Osborne Cane is free. We can provide you the benefit of the skill and reputation we have developed in successfully resolving hundreds of personal injury claims in the last 25 years. If you decide you want us to represent you, we’ll never charge you any upfront fees or, in fact any fees at all while your claim progresses. We’ll also pay all disbursement costs including expert reports and any other expenses that are necessary to reach a settlement. We don’t get paid until you get paid. Our fees will come out of the settlement or court judgment we obtain for you, and all expenses will come out of our pocket while the claim progresses.
What are the Legal Fees?
We offer the lowest, most competitive contingency fee percentage rates in BC for serious injury claims. Our contingency fee agreements are tailored to the individual case and are usually in the range of 18-33%. (Most other law firms charge the highest allowable rate of 30-331/3% for all cases.)
If you were injured in a motor vehicle collision after April 1, 2019, your claim might be caught by ICBC’s CAP definitions, or you might have an existing claim already active within the CAP Tribunal process. The contingency fee rate to advance such a case will depend on the individual case circumstances and the likelihood of success. We will always discuss the circumstances of your case with a potential client and come to an agreement on fees before we are retained.
How much total compensation can I expect to receive?
The amount of an eventual settlement depends on many factors, including the severity of your injuries, the cost of your rehabilitation supports and services, and a careful examination of the future physical, financial and emotional impact your injuries will have on your life. In British Columbia, there are maximum amounts payable for certain soft tissue injuries, but claims can be made for past and future loss of income and the cost of future care. These amounts do not fall under the legislation that limits settlement amounts for injuries that arise on or after April 1, 2019. Every case is different and the law is complex and changing in this area. Speaking with an experienced personal injury lawyer is the only way to properly determine what the eventual settlement might look like.
I’ve heard there’s a $5,500 “cap” for minor injuries in British Columbia. Does this mean that’s all I could receive in a settlement?
No, you could receive much more, but you must act promptly and according to the new rules. While the scope of what ICBC is allowed to treat as a “minor injury” is unfairly broad to British Columbians injured by the negligence of others in motor vehicle accidents, there are a number of other “heads” of damages that continue to provide compensation to accident victims. However, this area of the law is complex and changing and no matter what an ICBC adjuster may have told you, it’s in your best interest to talk with us to discuss the best way to proceed. The new laws require innocent victims of serious injuries not otherwise caught by the “$5,500 cap” to take certain timely and specific steps. If they fail to do so their claims can permanently fall into the “minor injury” category. Contact us first if you or a loved one has been seriously injured in a motor vehicle crash.
Will I have to go to court?
Some firms settle 100% of their cases such that their lawyers never go to trial. We believe those lawyers’ cases settle for less, sometimes far less, than they are actually worth because ICBC knows those law firms will never go to trial. At Osborne Cane we settle about 90-95% of our cases, when the time is right, after the case has been fully prepared. However, importantly, the cases we run to trial on clients’ instructions mean that ICBC knows that we can and will take to trial any case that it does not make very good settlement offers on. Our clients benefit from this approach by Osborne Cane, whether it be on a brain injury case, a spinal cord case, a chronic pain case, or any sort of soft tissue injury case.
If I am unable to come to Osborne Cane law office to discuss my claim due to the severity of my injuries, are you able to come to me?
Yes, we can make home or hospital visits and regularly use technology to keep clients informed. Osborne Cane handles serious injury claims from all over British Columbia. Your limited mobility to travel will not interfere in having us be your lawyers.
I’m being asked by ICBC to see a CME (Certified Medical Examiner). Can ICBC force me to go?
For injury claims that arise after April 1, 2019 “designated CMEs” are authorized to determine the extent and severity of your injuries as part of the injury “cap” evaluation process. You can’t refuse to go, however we suggest you come talk with us prior to seeing the CME so you understand what the examination has to do with the “cap” process, and begin working with one of our lawyers to determine what other injuries you may have that might be addressed outside of the cap. We’ll cover the cost of seeing other doctors that may be required to proceed with your claim, and we’ll make sure you understand what’s going on and why at every stage of the process.
I have a lawyer for my claim already but I’m thinking of changing lawyers. Can I come to Osborne Cane if I am not happy or comfortable with the work my current lawyer is doing for me?
The answer is yes, and easily. We offer free, completely confidential meetings with people in your situation to offer a detailed assessment of your case and how it is best handled. That may match what your lawyer has done for you already, or it may not. We’ve developed a list of important questions, here, to help you learn what you need to know to make an informed decision about legal representation for your serious injury claim. You or your loved one have only one chance to recover the compensation you deserve. It matters which firm represents you.
Can I transfer my case to Osborne Cane?
Yes. Transferring to our firm is easy as long as both you and one of our lawyers want to have that happen. We can discuss the details, but you may rest assured you will pay only one legal fee, not two, because we absorb the other lawyer’s fees as part of the fee we charge. Secondly, we handle all aspects of the file transfer so you do not need to deal with your lawyer about what may seem like an awkward situation for you. We handle the file transfer for you, professionally and without any drama.