For more than 35 years, our firm has represented injured people in claims against insurance companies and government agencies that want to settle for the least amount of money possible. We bring that expertise to bear for every one of our clients, to ensure they receive the compensation and care they deserve. We are committed to the highest standards of quality, integrity and responsiveness to your needs. Your physical and economic recovery is our first priority and we will act on your behalf, no matter the size of your claim or case.
We are experts in personal injury law. With a diverse group of partners, associates, paralegals and support staff, our professionals have the experience and resources necessary to represent you in all aspects of your case. We can also connect you with the medical professionals you need – not the ones insurers want you to see.
We’ll carry the burden of this complicated process so you can focus on what is most important: your health.
We work hard to negotiate a just and fair settlement for our injured clients, in a timely manner. However, insurance companies sometimes force injured victims to go through the ordeal of a trial, sometimes with a jury. They do this because they hope to capitalize on biases potential jurors may hold; for example, a concern that insurance premiums may increase.
An award for damages following a trial is not a windfall to the injured victim. Damages are an amount that is intended to replace what has been lost. Plaintiffs in personal injury trials do not seek windfalls, but compensation for losses they have suffered due to no fault of their own. Although we always work to achieve a just and fair settlement, this is not always possible, and we will stand up to insurance companies and go to trial in the interest of achieving a just and fair result for our injured clients.
Our job is to convince a judge or jury to restore our clients back to the position they were in prior to their collision, that is, to replace what has been taken away from them through no fault of their own.
It is critical to remember that damages in civil cases do not need to be proved beyond a reasonable doubt. The correct legal test in a civil case is whether a loss has been proven on a balance of probabilities, meaning more likely than not, or 51% likely. Indeed, for future events such as the loss of future income or the cost of future medical care, the legal test is even lower, it is one of substantial possibility. Remember, a plaintiff will have a difficult time proving a future loss because the defendant’s negligence has put them in a position where their future plans have been disrupted. Why should a negligent defendant be entitled to take advantage of the difficulties of proving a future event? That is why the test for future losses is merely one of a substantial possibility.
It takes courage for injured victims to stand up to an insurance company to obtain a just and fair result. This is because insurance companies have deep pockets and they often try to intimidate average, hard-working people into accepting low settlements. As advocates for injured victims, we are passionate about our role in standing up to insurance companies to obtain a just and fair outcome, always mindful that we are not trying to recover money our clients’ are not entitled to.
We serve Vancouver Island South residents through our Victoria office and also maintain an office in Courtenay to serve residents of Vancouver Island North.