Lawyer Considerations for MVA Trials

Are you thinking about sending an MVA case to trial?

Make sure you’ve considered the following:

  • Client
    • Likeability
    • Credibility
    • Risk tolerance and costs insurance
  • Opposition
    • Insurance company
    • Law firm
    • Lawyer
  • Liability
    • Contributory negligence
  • Damages
    • Nature of the injury
      • Pre-existing health
      • Physical (imaging?)
      • Psychological (treatment?)
      • Post-MVA injuries, if any
    • General damages and deductible
    • Threshold-proof damages, especially lost income
    • Interest
  • Threshold
  •  Experts
    • Participant experts and clinical notes and records
    • Rule 53 experts and expert medical reports
  • Offers to settle and costs
    • Client offer and rationale
    • Insurance offer and rationale
    • Potential for award of costs
  •  Financial
    • Retainer agreement (% of damages, % of damages or costs, costs only, hourly, weekly, fixed, hybrid, other)
    • Number of weeks required to prepare for and conduct trial or cost of trial counsel
    • Disbursements to date
    • Anticipated trial disbursements
  • Cost-benefit analysis
    • Of the particular case
    • Of your portfolio of cases

This article is courtesy of the Ontario Civil Trial Manual

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