Your Charter of Rights and Freedoms

Most countries, including Canada, have some version of a Charter of Rights that spells out what you, as a citizen, can expect from your Government.

Well, we think that there should be something similar for people who, through no fault of their own, are injured in a car accident and have made the smart move of hiring Cowley & Company. There should be a Charter that spells out what you can expect from your us.

So let’s make a stab at it.

Your Rights:

1. You have the right to be informed as to what is happening with your ICBC case. Law firms don’t have the resources to send you a letter every month. Sometimes, a year goes by and nothing happens legally as everybody is waiting for you to get better. However, it is perfectly acceptable for you to make inquiries from time to time as to what, if anything, is happening and your assigned lawyer should be responsive. Inquiries by email are most effective. If you have sent out an inquiry and a week goes by without a response, it may be that your lawyer is in trial or away from the office. In that case, re-send the email, copying it to the partners, Lee Cowley, Steve Ballard and Wai Cheung.

2. You have the right to be prepared by your lawyer for such events as Examinations for Discovery, medical examinations by specialists and, of course, trial, in the rare situation where your case goes that far.

3. You have the right to have adequate treatment for your injuries and to have that treatment funded. ICBC does not pay the full cost of treatment. Your lawyer should make arrangements for the gaps in funding to be filled in so that the treatment that is recommended for you can be set up. Do be aware, though, that treatment is not unlimited. There are guidelines for how much treatment of a particular kind is appropriate.

4. You have the right to have access to such procedures as MRI, when necessary, and medical specialists for evaluation of your injuries. Your lawyer will make the appropriate arrangements in a timelier manner then could be accomplished through your family doctor.

With rights of course come responsibilities:

1. You have the responsibility to see your medical doctor regularly and tell him or her about how your injuries are progressing. You also have the responsibility to go for treatment as directed, which will usually be some combination of chiropractic care, physiotherapy, massage and active rehabilitation. You must complete the whole recommended programme. You must show up on time for your appointments and not miss or skip appointments.

2. You have the responsibility to be honest with everybody about your injuries, neither down playing them nor exaggerating them.

3. You have the responsibility to keep in touch with your lawyers. A brief email once a month telling your lawyers how you are doing is a great idea.

4. You have the responsibility to be assertive, not passive and not aggressive, with your lawyers. If you want something, ask. Be respectful of the answers and advice you get. Your lawyers are on your side.

5. When you come across anybody who has been in a car accident, whether it be a family member, friend or co-worker, make certain that he or she sees us for a consultation. Nobody should ever go against the ICBC Machine by themselves.