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Here are some of the most-asked questions about medical malpractice and Nathan Smith LawWe want you to be fully informed. Chances are you can find answers to many of your questions right here. If not, don't hesitate to call us. We're pleased to help you.
Contact us by e-mail or telephone us for a free initial telephone consultation to discuss your problem. Our toll-free number is 1-888-333-2361. (ext. 3) Our number in the Lower Mainland is 604-685-2361 (ext. 3). You will have a free confidential discussion with one of our lawyers.
In general, British Columbia law requires that your lawsuit be filed within 2 years of the date of the injury or the date that you became aware of injury and the negligence. There are ultimate limitation dates for suing and special rules for people injured before they turned 19 years old and people with mental disabilities. The entire area of limitation periods law is complex and you need to contact a lawyer to discuss the limitation dates in your situation.
Some cases are paid on an hourly basis but most are taken on a contingency or percentage of monies successfully recovered basis. If we decide to take on your case on a contingency basis, we will invest thousands of dollars of our time to investigate and discover the facts and law that are important to your lawsuit. We spend the time necessary to find the medical experts in Canada or United States to support your case. We will not charge you any fees for our time unless we are successful and then our fee is based on an agreed upon percentage of what we have recovered for you. Special rules apply when we represent people under the age of 19 years or people with mental disabilities. There are also out-of-pocket expenses such as fees charged by expert witnesses and the court in addition to our fees. A lawyer will discuss with you the arrangements for the fees and out of pocket expenses.
Although some cases are settled, many cases go through to trial and sometimes appeal. Cases that are settled are often only settled in the last days before trial. We will endeavor to handle your case at a speed that is in your best interests. Often, the full extent of the injuries is not apparent uintil several years after the alleged medical mistake. The average time from your initial contact with us until the matter settles or goes to trial is approximately three years.
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