Under Canada’s loser pays legal system, if you lose at trial, interim motion or arbitration you are required to pay your opponent’s legal costs, referred to as adverse costs. This applies even when you win in court but your award is less than a pre-trial settlement offer from the opponent. These costs can be tens or hundreds of thousands of dollars and can put your home and life savings at risk, leaving you with nothing, or worse a debt to the defendant that you aren’t able to pay.
Our loser pays system may achieve the goal of discouraging frivolous lawsuits, however it fails to provide equal access to justice where one side in the litigation has deeper pockets than the other. Nowhere is this more evident than in personal injury litigation. Insurance company defendants can easily afford any adverse costs if they lose at trial, but they know most accident victims can’t.
Needless to say, they can use this system to their great advantage when negotiating settlement offers. Not anymore.
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Legal Insure Cost Protection™ eliminates your legal cost exposure to a loss at trial and takes away the insurance company’s unfair advantage. It helps to materially
strengthen your position in your fight for justice, thus levelling the litigation playing field for you. This product is not merely a financial security for you and your counsel, but also a reminder to defence counsel that you are armed with protection and are
prepared to go the extra mile in order to seek justice.
Now, you and your lawyer can pursue fair compensation for your injuries without intimidation.
To stay updated with the latest developments in Personal Injury law, visit our Newsroom.
Legal Cost exposure can vary significantly, influenced by general factors such as cost jurisdiction and claim type, as well as file specific factors such as liability and extent of injury. Cost exposure also varies as each case matures: from negligible at retainer, escalating sharply as the litigation proceeds towards trial.
This varying and potentially costly exposure is fully addressed with our Firm Protect™, Lawyer Protect™ and File Protect™ programs.
Talk to your lawyer about Legal Insure Cost Protection™ or contact us for more information.
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