Sentences with phrase «by claimant lawyers»

A concern now is that the fees claimed by claimant lawyers may be disproportionate in respect of lower value claims.

It has generally been welcomed by insurers, and generally criticised by claimant lawyers.

Not exact matches

Next the Foreign Office's lawyers admitted that the three claimants were tortured by the British colonial authorities, but argued that too much time had passed to enable a fair trial.

A submission to the court by the claimants» lawyers said: «The Metropolitan police misled the claimants and the wider public by stating that there was only «a handful» of victims; and that, where there was evidence of hacking, victims were told.

Neille Ryan, partner at Furley Page, said: «Whiplash awards will be slashed to a few hundred pounds and almost no legal costs will be recoverable by most claimants, who will have to pay lawyers themselves out of their damages, or take on the insurer and their solicitors alone.»

The successful use of a DBA in Harlequin, however, may be the start of a sea change where we see increasingly more litigation funded by DBAs with claimant lawyers sharing the risk, but also the spoils of litigation.

Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana?

Personal injury lawyer Loretta Merritt notes that even though a 2014 review of the alternative dispute resolution system by Justice Douglas Cunningham did not have the review of independent medical experts within its mandate, the judge was compelled to note that many stakeholders he spoke to brought up the issue of skewed experts: Essentially, if you were an expert who supported claimants, you'd never again be retained by insurance companies.

The study presents data on number of claims by area of law, number of lawyers in the firm, type of activity, disposition of claim, type of alleged error, indemnity dollars paid to claimant and other categories.

In Edwards, he considered that it could not be said that the claimant was assigned «in any meaningful sense understood by employment lawyers».

[31] In the circumstances of this case, I am satisfied that [the claimant] can rely on the efforts made by [owner] and his then -[personal injury lawyer], to attempt to ascertain the identity of the unknown driver.

Injury lawyers in British Columbia should know best that when a claim arises from a two car accident collision in BC, and both cars are insured with ICBC, the injury claimant has at least two potential claims payable by ICBC.

The Canadian Association of Refugee Lawyers (CARL) applauds the Ontario government for agreeing to temporarily fill the gap left by the federal government's abdication of responsibility to meet the most basic health care needs of vulnerable refugees and refugee claimants.

The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child.

This modest out of court motor vehicle accident settlement with ICBC concerned, in part, the costs of a Functional Capacity Evaluation («FCE») set up by the claimant's personal injury lawyer.

While you are not required by law to retain a lawyer, you should be aware that claimants who are represented by lawyers almost always settle for substantially higher amounts than if they were to file on their own.

A draft Bill to address compensation issues raised by the UK riots of 2011 «could still leave some claimants out of pocket», according to a leading insurance lawyer.

Wealthy fraudsters routinely outspend their adversaries by dragging out legal proceedings, with expert defence lawyers burying claimants in security for costs and disclosure applications.

In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the «but for» causation test can be replaced by the material contribution... Continue reading →

Pay the personal injury lawyer by the hour - The injury claimant pays a retainer, which is an amount of money toward future legal fees and expenses, and the lawyer bills on an hourly basis.

The Scots lawyer would counter that by emphasising the primacy of equal division of matrimonial assets in Scots law (rather than a lesser sum being awarded to satisfy the claimant's perceived needs); the possibility of a greater award of capital to the claimant by utilising s. 9 (1)(b) and (c) of the 1985 Act; and the generous view of pensions.

``... we view «perceived lawyer benefits» as at least in part a function of the treatment that claimants believe they are likely to receive at the hands of ICBC in the absence of legal representation» the panel said, and the decision called for a followup customer satisfaction survey to be conducted by ICBC.

He makes the point that the main cause is not: inefficiency; excess profits by insurers; or the behaviour of providers, lawyers and claimants.

It is my experience as a lawyer representing car accident victims that ICBC and other insurance companies regularly deny all the facts alleged by an injury claimant in a lawsuit with little or no explanation.

Some people have found that using a Social Security disability lawyer has helped them speed up the process as a legal team can insure all paperwork is gathered, submitted and the claim is written in the manner desired by the Administration which could minimized the number of appeals the claimant may be required to file.

The claimant's lawyer therefore argued that the doctor's report was not in keeping with the Supreme Court Civil Rules, in that it was biased and so not a neutral opinion rendered by an expert for the benefit of the Court.

In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the «but for» causation test can be replaced by the material contribution to risk test in car accident injury cases stating:

By bringing together teams comprising our antitrust and bankruptcy lawyers, we obtained a pioneering certification of a class of antitrust claimants in U.S. bankruptcy court, and through negotiation with the bankruptcy trustee arranged for the class to receive a portion of the proceeds awarded to creditors in the bankruptcy proceedings.

The Court therefore ordered that the lawyer was entitled to the balance of the costs award, after the deduction of all disbursements incurred by the claimant while self represented.

However, 2018 is too far away and claimants» lawyers will easily defeat the # 2,000 small claims limit by exaggerating claims, or grouping claims together so that higher costs can be obtained.

Since 2001, the yield on ILGS has fallen steadily and to the dismay of claimant lawyers, the discount rate has not been amended by the Lord Chancellor.

The decision is by no means watertight but it will be interesting to see what use it is put to by claimant's lawyers.

The function of the success fee is to ensure that claimant lawyers are paid for the work they do in unsuccessful cases, which are subsidised by the successful cases.

The report states: «Of most concern are claims from some lawyers that these contractual provisions might be used strategically by some clients to deny claimants representation from a tier of firms.

In 2011, the Association of Personal Injury Lawyers (APIL) warned that some claimants were being under - compensated by hundreds of thousands of pounds and threatened to bring a judicial review on the issue.

One of the arguments called upon by the insurance industry when claimant personal injury lawyers try to expand the boundaries of tort law is the «floodgates» argument: surely, it is argued, an expansion of liability in such - and - such case will lead to the courts being clogged with unmeritorious claims.

The Fund will consider the value of work performed by the lawyer or paralegal and the cost of disbursements, whether or not the claimant received an account for the work or the disbursements.

John Spencer, vice-president of the Association of Personal Injury Lawyers, says he supports ensuring claimants are examined by an independent medical expert.

The claimant's solicitors explained the default by indicating that they were a small firm, with two lawyers on maternity leave and the pressures of other significant work.

The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.

However, the amount paid to claimant lawyers rose by 19 % to # 498.5 m. And the amount of damages the NHS paid out rose # 132m (14 %) to # 1.08 bn, according to the first annual report of NHS Resolution (formerly known as the NHS Litigation Authority).

Government proposals to cut fixed fees for low - level road traffic accident (RTA) claims by # 700 could leave claimant lawyers # 200 out of pocket, according to research commissioned by the Association of Personal Injury Lawyers lawyers # 200 out of pocket, according to research commissioned by the Association of Personal Injury Lawyers Lawyers (APIL).

Roundly attacked by lawyers and others, not involved in personal injury and clinical negligence work for claimants, there was little prospect that they would survive.

In a motion filed in Los Angeles by lawyer Adam Levitt of DiCello Levitt & Casey, the claimant says that it is important to, «maintain and preserve any data [Apple] collects through diagnostic testing in order to protect the claims of all affected consumers.»