Tales from the Courtroom Trenches: Patience – A Bitter Seed

When it comes to litigation and settling files, a client’s patience can be tried. After all, in many cases the settlement negotiations do not take place until several years after the subject accident. In the interim, the client will have gone through a barrage of medical examinations, having been poked and prodded by treating doctors, therapists, treating specialists, defense specialists, plaintiff’s specialists, etc. The client will also likely have gone through an examination for discovery and no doubt will have harbored thoughts of When will all this be over and done with?

There is no question that going through the litigation process can be exhausting and tedious for the client. It is for this reason that we are often faced with clients demanding to have their matters wrapped up and shut down.

However, whereas being patient through the process may be a bitter seed, its tree can in most cases, bear much sweeter fruit.

The following case example involved a client with multiple car accidents. Trial had been scheduled to begin approximately three years after the initial accident. Approximately two years before the scheduled trial date, I.C.B.C. came out with a formal offer to settle. While not overly impressive, the client was actually considering taking the offer. After some discussion (and some arm twisting) the client was talked down, and the litigation process proceeded. Six months later, I.C.B.C. issued another formal offer, this time substantially more than the first offer. The client was now strongly considering the offer and again, was talked down (with some more minor arm twisting). Another month passed and expert reports were exchanged. Within one month of the scheduled trial date, I.C.B.C. had come back with a further offer which was ultimately accepted. However, this last offer was twice as much as I.C.B.C.’s first offer.

While this is not going to happen in every case, it is a testament to the fact that sometimes waiting things out can work out in your favour.