In Ontario, the damages awarded by a judge and/or jury can vary substantially. We have seen a number of cases with a significant swing factor result in devastating impact to a Plaintiff and in the alternative, precedent setting decisions that future Defendants will now have to deal with.
Defendants are almost invariably represented by insurance companies. Some large corporations may be self-insured. Uninsured and impecunious defendants are certainly a factor when considering the high cost of litigation and the decreased impact of a Rule 49 offer.
Our mediators have extensive experience convening claims dealing with the following injuries:
Accident Benefits Claims
Our mediators have experience convening sessions solely dealing with an AB claim. Because of recent changes, this area requires a mediator familiar with the Minor Injury Guideline, including income replacement benefits, attendant care, loss of caregiver benefits and the significance of a catastrophic designation (including GCS & GOS) or lack thereof.
Motor Vehicle Claims
These claims, because of the various heads of damages can be difficult to negotiate. You require a mediator with the experience and expertise to deal with matters of pain & suffering, income loss, FLA claims and other damages not covered by accident benefits. We understand that suing under Tort Law is challenging, given the regulations introduced under the Insurance Act. That is why it’s paramount to retain the services of our mediators that have the ability to be trusted by the Plaintiff and their counsel.
Bicycle, Motorcycle, Boating, Defective Product, Dog Bite
The parties involved in these types of accidents require a mediator that has dealt with injuries, medical opinion, and case law specific to each. Aside from understanding the legal umbrella governing these matters, your mediator needs to deal with a Plaintiff who may have suffered soft tissue damages, scarring and psychological trauma but at the same time, introduce the possibility of Contribution.
Ankle Fractures, Chronic Pain, Fibromyalgia, Soft Tissue and Psychological Injuries
Any Personal Injury Claim will most certainly include one or many of these presentations. Mediation will more than likely fail if your mediator is unfamiliar with the objective and subjective issues in each of these areas. Our associates have convened hundreds of sessions, worked with seasoned lawyers and read numerous CNR’s and expert opinions. This, coupled with the skills we’ve developed working with Plaintiff’s and their lawyers in caucus, allow us to achieve a significantly high settlement rate.
Slip and Fall
These types of injuries are the root causes of some of the most common type of injury claims. Your mediator needs to be current with critical deadlines, various municipal limitations, owners/occupier liability, balance of probability and reasonable systems. In cases where the damages are not severe, the parties are best served by a mediator that uses an evaluative approach. We have found both sides appreciate a principled approach to settlement, allowing for quicker closure and lesser fees.