Sound legal advice is worth it!

One of the changes I've noticed in my law practice over the years is the increase in the number of people suffering stress-related injuries from motor vehicle accidents. No longer is it a question of just the pure physical injuries such as broken bones, whiplash etc. that brings them to my office.

There was a time when the Courts were not sympathetic to these types of claims in motor vehicle accidents except in the most horrific of cases. Post Traumatic Stress Disorder [PTSD] was accepted as an outcome for soldiers returning from the battlefield but not associated with motor vehicle accidents. This is no longer the case. There is a growing recognition in the Courts that this very disabling condition can just as easily result from motor vehicle accidents. I have many recent cases where psychiatrists have been called upon to give expert evidence at trial on this very possibility.

Because it is an invisible disability, initially it may be missed by your family doctor and your lawyer. I recently had a case where the client's physical injuries were quite minor and my client was prepared to accept ICBC's offer based on these physical injuries alone. Given my sensitivity to the potential for PTSD in motor vehicle accidents, I have become alert to cues that signal the possible existance of this condition. In this case, I referred my client to a psychiatrist who diagnosed PTSD. This diagnosis opened the door to a claim for future loss of income as there are much longerterm effects of PTSD which can affect a person's ability to work.

My client's claim without the diagnosis of PTSD was worth approximately $30,000.00. With the recognition of the impacts of PTSD, his claim was worth approximately $300,000.00.

Invisibile disabilities are easily overlooked. This is just one more reason why you should never accept ICBC's offer without very careful consideration and sound legal advice.

It's risky to take a 'do-it-yourself' approach to Wills

Just this week I received a letter from a client of mine. She was heading off on vacation and wanted to make certain that the things of value and sentiment to her [her estate] would be left to the individuals to whom she wanted them to go - should she die during her vacation. Her letter was addressed "To whom it may concern", clearly stated what she wanted to have happen, and was signed by her. She may have thought her letter was a Will but it certainly wasn't. You can imagine my distress when I was couldn't reach her to let her know this. Since it wasn't a Will, her letter would have absolutely no effect: The mere giving of instructions to a lawyer will not have any effect on your estate. Even though my client signed her letter, and she clearly stated what she wanted to have happen, what is important is that her signature had not been witnessed - by not just one but two individuals.

Now, witnessing is not that straightforward either. Many years ago an elderly woman took her handwritten instructions to her bank and asked if two tellers could witness her signature. One teller witnessed her signature and then went into the back room and asked a second teller to go out front to be the second witness. The second person then signed as a witness and the elderly woman left the bank believing that she had put her affairs in order. Many years later she died and the court decided that the Will had not been adequately witnessed as both witnesses were not present at the same time - as required by law. They must be present at the same time so that they can witness each other's signature - not just that of the person making the Will.

One final example of another wrinkle: If either of your two witnesses is married to any of the beneficiaries in your Will, that beneficiary will lose his/her inheritance.

The above illustrates just a few of the pitfalls of doing your own Will.

A typical, uncomplicated Will should cost approximately $300. This is well worth the expense to ensure that your estate goes where you want it to go.