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Top Car Accident Lawyers are Independent of Government and Legal Fees are Regulated


As a lawyer I represent personal injury claimants in British Columbia and have come to appreciate how important it is to advocate for injury claimants  independent of government and ICBC, which was created by government in 1972.  Imagine a world where a government run insurance company could control what your lawyer was allowed to do and say. Perhaps even  a system where your injury lawyer would be assigned, controlled and paid by a government office. 
Luckily in British Columbia injury claimants are usually able to hire a car accident lawyer with no money up front. Lawyers can advocate solely for the injury claimant, not ICBC or the government. In this type of arrangement the lawyer is paid a percentage of the settlement or court award.
Lawyers in BC are regulated with respect to the legal fees charged and as stated by our Law Society Rules,

” Subject to the court’s approval of higher remuneration under section 66(7) of the Act, the maximum remuneration to which a lawyer is entitled under a contingent fee agreement for representing a client up to and including all matters pertaining to the trial of an action, when acting for a plaintiff in

(a) a claim for personal injury or wrongful death arising out of the use or operation of a motor vehicle, is 33 1/3% of the amount recovered, and
(b) any other claim for personal injury or wrongful death, is 40% of the amount recovered.

(2) Despite subrule (1), a contingent fee agreement may provide that the lawyer may elect to forego any remuneration based on a proportion of the amount recovered and receive instead an amount equal to any costs awarded to the client by order of a court.

(3) This Rule does not prevent a lawyer and client from making a separate agreement for payment beyond the amount specified in subrule (1) to compensate the lawyer for representing the client in an appeal from a trial judgment pronounced in the proceeding for which the lawyer was retained.”

In many complex personal injury cases it is  fundamental to have your own legal advocate because ICBC and other third party liability insurance companies have their own client’s  interests at stake. I have posted before about how personal injury lawyers are paid in British Columbia and would like to end off with my own three tips to finding your “top car accident lawyer”.
I would like to believe that “Top car accident lawyers” is an ideal in British Columbia defined as lawyers independent of government influences able to look out for your best interest. This term is not a designation that requires accreditation in BC.  Here are my tips if you are injured in a car accident looking for a lawyer:
1.  Find a personal injury lawyer that does not represent ICBC if you have a bad faith claim against ICBC;
2.  Remember legal costs are regulated and cannot be denied by ICBC if an injury claimant is awarded costs by the Supreme Court of British Columbia; and
3.  Do not be afraid to ask the potential personal injury lawyer about  their experience prosecuting personal injury cases.
Posted by Mr. Renn A. Holness

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3 responses to Top Car Accident Lawyers are Independent of Government and Legal Fees are Regulated

  • SportsRabid

    October 1, 2011 5:51am

    Hi There. Somebody in my Facebook group shared this site with me, so I came to check it out. I'm certainly bookmarking it and have decided I will be definitely tweeting this to my followers! Outstanding blog and delux design and style. Merci.

  • A Guide for getting ICBC Advice for Brain Injury and Falling Personal Injury Claims « Holness Law Group Blog

    February 16, 2011 3:07am

    [...] check out my post on how lawyers are paid in BC , explore all of my posts about hiring personal injury lawyers and call me at my law firm in [...]

  • charlotte injury lawyer

    February 4, 2011 4:38am

    Accidents are happening every day. An accident makes the best headlines. Sometimes it may be our fault and at times it may be the fault of somebody else. It does not matter who is to blame you are still going to need an injury lawyer.

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