In Ontario, there are a few existing and emerging legal insurance and indemnity products available to injury victims. There are loans available to injury victims to assist them financially while they recover form their injuries (litigation loans). Another product is called “legal costs protection” which essentially is insurance providing coverage to injury victims involved in litigation who might face having to pay costs to a successful opponent in the litigation process (costs on motions and conferences for instance). Also, the insurance can protect the client and lawyer against costs resulting from a loss at trial. In Ontario, the successful party is generally presumed entitled to costs from the losing party.
Some insurers provide incentives such as no up-front cost of insurance and/or no fee or premium will become due if the injury case is discontinued or abandoned. The premiums or fees range for the insurance from $1000 to $5,000, depending on the amount of coverage.
What happens if the case is unsuccessful? In many cases, the insurer will pay any adverse costs owed by the plaintiff (after a set off of any amount of awarded damages).
It is difficult to see the downfall of buying these products. It provides affordable costs insurance and lowers risks, it provides access to justice. Insurance of this type seems reasonable in cases where the injury victim is involved in a case where liability is seriously in issue and the injury victim has something to lose such as assets (home, investments etc..). Insurance of this type can protect those injury victims with assets at risk of being seized if an unfavorable cost award is made and provides some peace of mind.
At QTMG Personal Injury Lawyers, we like to provide affordable alternatives and solutions for our injury clients. Please call us today at 613-315-4878 if you have been injured in an accident in Ottawa or anywhere in Ontario. We offer free consultations and work on a no fee until you win basis in most of our injury cases.
Marc Quinn Ottawa personal injury, accident and insurance lawyer