Frequently asqued questions
Q : I have been the victime of an accident / industrial disease,
when should I consult a lawyer?
A: As soon as possible. Throughout the processing of your claim,
you will benefit from a lawyer’s advice and information about
your rights. Also, an experienced lawyer will let you know if you
need to contest a decision that seems without consequence to
you. Many people find out too late that they should have contested
a decision that they thought harmless. Your lawyer can also
intervene when needed before your compensation officer and
before your doctor.
Q : I have been the victim of an accident and I am being
compensated by the CSST/SAAQ, can I claim for further
damages against the person responsible for my accident?
A : The Automobile Insurance Act sets out a compensation
program for victims of automobile accidents without the need
to take legal procedures. In turn, the law prohibits legal actions
for physical damages against the person responsible for the
accident. Legal procedures can only be taken for accidents
that happen outside the Province of Quebec. As for work
accidents, the Worker’s Compensation Act also sets out a
compensation program for victims without the need to take
legal procedures. Again, the law prohibits taking legal
proceedings against the person or company responsible for the
accident but there are certain exceptions to this rule.
Q: I have a case before the court (Commission des lesions
professionnelles or Tribunal administrative du Québec).
Do I really need a lawyer?
A: Most definitely. The decisions rendered by these courts are
final and without appeal. It would be completely irresponsible to
represent yourself before the court unless you are a specialist in
the matter. Your case may appear simple to you but
you could lose everything if it is not well presented. At the very
least, you should consult a lawyer before making your decision.
Q: How does your remuneration work?
A: It all depends on circumstances. Many forms of remuneration
are possible according to your needs and means (hourly rate,
percentage of gains, fixed rate, mixed formulas). Certain legal aid
mandates are also accepted. Fees are usually discussed during
the first meeting.