Personal Injury Greatest Hits and Lessons Learned

5. Indoor Playground Case – Waivers Cannot Correct Negligence
Represented a client whose child was injured at an indoor playground. The staff and owners tried to encourage my client to sign a waiver at the scene. Thankfully, they called me first, and I told them to hold off so we could look at the case in greater details.  Fortunately, the clients did not sign, because by signing th[highlight style=”eg. green, yellow, purple, blue, red, black, grey”]…[/highlight]e waiver they waived their right to not have a case.

Result:  The family settled for $34,000. This money went into trust for their child

Lesson Learned:  Waivers cannot correct negligence, waivers are just acknowledgments of risk, if the occupier was negligent then “waiver” or not you have a case


 

4. Suing the Roman Catholic Church– Never Assume that It’s Too Late for a Lawsuit

A client was abused by a priest that was employed by the Roman Catholic Church.  The client thought that because the abuse happened decades ago, and because he failed to act sooner that he could not sue. The client by chance happened to have a friend who our firm helped in another matter and suggested that he speak to us. This was a great decision; we informed the client that in sexual assault cases the limitation dates are very different. It often takes someone a long time to be able to come to terms with their abuse and be able to speak about it. This is why limitation dates and restrictions differ in sexual assault or abuse cases.

Result:  The client was well within his rights to sue the church on historic sexual abuse allegations. We sued the church and were successful obtaining a sizable judgment that allowed him to get the treatment and care that he needed finally.

Lessons Learned:  Abuse that happens to young children carry far-reaching consequences.  Our justice system allows significant leeway to enable victims to seek justice in the courts and one should never assume a lawsuit cannot bring justice.


 

3.  Suing the Military for Sexual Assault– Why Standing Up to Your Employer is Important

We have had numerous clients who have suffered sexual assault from a superior officer while serving in the military.  These clients were traumatized by these events; Sadly, it lead to these women having to leave the military. The military was slow to recognize the abuse and its impact on these young women.  The women did not want to rock the boat and be seen to cause trouble amongst their peers in uniform.  Fortunately, one of them spoke to the military police, and the perpetrator was convicted at the court-martial.  No one told them that suing the military was an option, especially not someone who is from the military. Luckily, they were referred to our office by a serving soldier who knew we help veterans get justice.

Result:   We retained multiple settlements for these clients as well as receiving a positive impact with sexual assault in the military.

Lessons Learned:  Standing up to your employer and demanding justice can dramatically affect and open up doors for you and others. You can begin your path to healing by stepping out of your comfort zone. When in doubt call a good lawyer with experience in the field.


 

2. Motor Vehicle Accident in the U.S.– Why it is Important to Hire Domestic Lawyers

A client was injured in a Motor Vehicle Accident in Florida in a church parking lot. The client was surrounded by friends and family. A local resident made an error and reversed her SUV over the group of people. This patron killed many in her path, and sadly, severely wounded our client.  The United States insurance system was prepared to mediate the case for settlement purposes.  Some of the other Canadian clients hired a U.S. firm to represent them in Florida. Instead, we chose to go to Florida to represent the client in person.  This was an excellent decision because as a collective, U.S. lawyers operate under very different rules. Being there in person allowed me to correct many errors in determining what the Canadians were entitled to receive.

Result:  Our client received far more in settlement dollars because of our in-person attendance; As we were able to fight for her life-threatening injuries face to face.

Lessons Learned:  Taking a personal interest and not just referring the matter to U.S. counsel was the best way to serve our client. A U.S. lawyer may say all the right things to get your business, but their actual conduct is out of your sight. It was because of this that the Canadian’s received a very different outcome than what was expected. We learned that staying involved, and being present is the best way to get the most for our clients.


 

1.UWO Stop Resisting Case – Don’t Be Afraid to Step Up to the Big Man

This was one of my first big cases. I was hired to help a young man who was a student at the University of Western Ontario. He, unfortunately, suffered from a mental health emergency while on campus. He thought he was a professor and the campus police were called to assist him.  He was arrested by seven police officers, that resulted in a violent altercation. This event was captured on video and was later posted to Youtube.  No one wanted to take this young man’s case because all the lawyers were afraid of suing the police. Suing the police was not an easy task, as all their statements indicated that my client was violent before and during the arrest. The public access to the video changed all this and resulted in one of my first big wins.

Result:  We settled mid case, providing my client with an amount that is sealed by a non-disclosure agreement that was put in place.

Lesson Learned:  Powerful opponents can be taken on when true injustices take place, but one must be prepared to take them to trial and face the dangers and struggles associated with the courtroom.  Few people believed we could win this case. It was our toughness and perseverance that proved everyone wrong and won the day.

Contact us today for any legal matter 

(519)-657-1LAW (1529) or info@ml-dev.thirdeyeinsights.ca 

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