The risk of fast cash and quick settlements
Robert Durante, as part of the Personal Injury Alliance, discusses the risks associated with fast cash and quick settlements with catastrophic injury cases.
Q Why do catastrophic injury cases take so long?
A There’s typically a lengthy period of rehabilitation, often lasting at least two years. It is important to wait until it has been completed in order to determine the extent to which the person will recover and to ensure there are enough funds to pay for care for as long as needed. Your lawyer will lay out a litigation plan including timelines, available benefits (for example, motor vehicle insurance money, CPP disability benefits and Ontario Disability Support Payments), and an estimate of the settlement amount.
Q What’s the risk for a quick cash settlement?
A The biggest risk is settling for too little money. For people who are seriously injured, the financial outcome of the case will drastically affect the way in which they live their life. And that’s why it’s important to let the rehabilitation phase run its course.
Q Why is a personal injury lawyer recommended for this type of case?
A Experience is the biggest factor. Lawyers who specialize in personal injury, such as those in the Personal Injury Alliance, have seen it all, from seemingly minor injuries that end up significantly impacting someone’s earning potential through to very serious injuries that result in the need for lifelong care. No matter the injury, a lawyer that tries to persuade a seriously injured client into a quick settlement is lacking experience and expertise in this field and is essentially doing the client a serious injustice.
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About the Authors
When Rob Durante was called to the bar in 1997, he had been articling for a year with a law firm that specialized in defending insurance companies in personal injury cases. “I developed a sense of wanting to right injustices,” he recalls. “I didn’t want to work for the insurance companies… For me, it’s all about achieving justice for clients, righting wrongs and arranging fair compensation.” Rob joined Oatley Vigmond that same year and has been advocating for seriously injured clients and their families ever since.