I was often asked especially when I was as a clinical neuropsychologist how one goes about getting justice for a person with a life-altering brain injury. I told clients that civil litigation is the best way to go and most reputable clinical psychology firms will facilitate brain-injured clients in this endeavor. Usually this means a 50/50 divide between the litigant and the law firm. Legal assistance is expensive and with a good lawyer the firm will work towards an equitable and quick settlement. In claimants of limited resources, or who may be poor, many law firms may opt for a 10% payout in conclusion of the lawsuit and a 90% fee. Arguably the 90% fee is still a good investment for the litigant. This is because it allows for a competent evaluation and covers the firm's long-term financial expenditures projections, insurance fees, and financing any countersuits involving many paid and knowledgeable experts. Often no down payment is required by such a reputable law firm even for poor people.
In a settlement of say ball-park figure of $30,000,000.00 Canadian payout then this would leave the client with $3,000,000 and the law firm $27,000,000 Canadian. Such firms that cater to low-income people can usually an guarantee outcomes in a case of dismemberment or severe disfigurement and/or cruelty or maliciousness or criminal conspiracy. There are specific units in prisons for inmates involved in conspiratorial crimes and I have seen and interviewed such inmates. It is not uncommon to have 10 experienced solicitors working on the claim at the same time. Canadian lawsuits occur in all jurisdictions and people certainly have the right to advocate for themselves. This is never the decision of a monolithic insurance industry. A radio announcer laughing at a private lawsuit on air may be ill-advised to comment on such local matters. These are cognizant tactics and among the first indications of fear. Such litigation makes for a better justice system where civil law has teeth.
Cases where (1) children are sexually assaulted by licensed teachers or (2) crazed drivers with brand new cars deliberately collide with one's car and a child is killed or (3) University faculty that maim a man for life or (4) Universities that hire rapists or child molesters who injure someone are the types of crimes that routinely exceed the $50 million dollar threshold. I guess its safe to say that the 10% and 90% rule is a good bet for a lawsuit that will most certainly make it past discovery. Cautionary note: if a litigant becomes involved in civil litigation keep an eye out for swarthy men. If your run off the road by such a swarthy individual contact your lawyer because some of these goons will have no qualms about the harming your loved ones (e.g.. poking in little girl's orifices). Legal teams can suggest approved physicians and know how to deal with hired criminals driving unmarked white vans. Your legal team will know that you and your family will require special precautions and will advise you as such.
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