An Interview with Our Lawyers
If I could, I’d like to go around the table and ask each of you how you happened to choose going into Personal Injury Law. There are many different fields of law, how did you happen to choose Personal Injury?
David Marr: I was called to the bar in 1972 and for the next eight years I practiced general litigation. I realized I didn’t want to practice criminal law and I got a great sense of satisfaction in helping clients develop their personal injury claims.One thing led to another and in 1980 Andy Berna,Jim Horne and I decided to set up the first Kamloops law firm devoted to personal injury claims-the rest is history.
Joseph Zak: I came into the field of personal injury from a background in corporate/commercial law. I realized early on that I enjoyed working with individuals on a one-to-one basis which made my transition to assisting those who were injured and struggling with insurance or disability companies a natural progression.
Kevin Cowan: No one comes to a trial lawyer’s office because their lives are going well. They come because they have a problem that needs solving. There is often a limit to what you can accomplish.
In other areas of law you can help clients solve their legal problem but a legal dispute is still usually a negative experience for them. Personal injury law is the exception to that. You can help clients resolve their legal problem, help them financially and even be involved in their recovery from a traumatic event in their lives. It is an area of law where we can have a positive effect on the lives of our clients and their families. And that is the most rewarding moment of all.
Tara Decker: When I joined HMZ Law, I was not certain what field I would pursue. I have always been interested in litigation but did not really know what practise area to develop. I was fortunate enough to be exposed to very interesting and challenging files from the start at HMZ Law and have continued to develop my practise with the firm.
My next question is why you choose to work in Kamloops instead of one of the Vancouver law firms.
David Marr: There is always a lifestyle approach in choosing where you settle to live with your family and of course Kamloops with its access to the outdoors appealed to me from day one.That aside Kamloops has been a great city to develop our personal injury practice.It is the centre of the Province which makes accessing almost anywhere a piece of cake.It is large enough that you can gain the litigation experience to be successful very quickly.There is great collegiality in a smaller community that just doesn’t exist in Vancouver.We can access everything needed to acquire the proper skills from and in Kamloops just as easily as the Vancouver firms with less stress.
Tara Decker: I grew up in rural Saskatchewan and always knew that I would return to a smaller center to work following the completion of my law degree. While in Vancouver, I missed the sense of community that smaller centers offer. My husband grew up in Kamloops so we decided to come here to raise our family.
Kevin Cowan: I grew up in northern B.C. It took a while for me to learn it but I am a small town guy at heart. Kamloops is perfect for me. It is big enough to offer the amenities of a large city but still has the sense of community a smaller center can offer.
On a personal level I have a 10 minute commute. I know all of my neighbours. My kids are safe in our neighbourhood. On a professional level I know the other lawyers in our community. I know the judges and the court staff. I know the insurance adjusters with whom I must deal on a regular basis. These are advantages that allow me to put more of myself into my work.
Joseph Zak: Kamloops is the major economic hub for the Thompson/Okanagan region. The rugged landscape and rock and sand cliffs set it apart from the rest of the province.
The area is famous for its climate and year round recreational activities. Kamloops is one of the finest urban communities in British Columbia making it a pleasure to live and work in the city.
Are there some advantages for local residents dealing with an Interior BC firm as compared to a Vancouver law firm?
David Marr: You can bet on it.We know and deal with all of the resources, medical rehab that this City has to offer.We have great relations with all of the medical and rehabilitation experts that we involve out of Vancouver.We understand, in a way that a city lawyer can’t ,the unique problems that are normally faced by interior residents because we live the lifestyle.Anybody can access medical/rehabilitation experts-you need to know why to be effective.
Tara Decker: Most definitely. We know the community, the doctors, the lifestyle. I continue to be amazed at the number of familiar names come up on files when talking to people about their friends and activities.
Kevin Cowan: Personal injury claims involve huge amounts of paper. Medical records, school records, tax returns. The list goes on and on. It is too easy to lose sight of the people whose lives are reflected in that pile of paper unless you really get a chance to know them. To meet their friends and families. To visit their workplaces and speak with their co workers. To learn about their lives and how an accident has affected them.
It is much more difficult to do this when you have to travel from the lower mainland to do so. We practice no more than 3 hours away from 90 % of our clients and we can take the time to meet the witnesses and do the job right.
Joseph Zak: Our representation is second to none. We are considered to be a “boutique law firm” which means that we are a group of experienced lawyers who specialize in personal injury and related insurance law. We apply our professional experience to every client’s case so that claims can be concluded effectively and efficiently without the need for anyone to leave the community to find a suitable lawyer.
For what types of accidents does HMZ Law represent your clients?
Kevin Cowan: Our society offers great rewards if you are able to compete. An injury can take away one’s ability to compete in a second. And when that happens, people are lost. How a person is injured does not enter into my decision to accept their file. For me, the question is, “can I help?” If I can help I will do so.
Tara Decker: any type of accident – motor vehicle claims, pedestrian accidents, etc. We will represent anyone who has been injured as a result of the actions of someone else.
Joseph Zak: We represent those who have suffered personal injury or have lost a loved one through the careless or wrongful act of others. We also represent those who have been unfairly denied benefits payable under a variety of policies of insurance whether it be short or long term disability, life insurance or accidental death and dismemberment. In summary, our focus is to protect the legal interests of our clients through their period of loss and recovery.
If someone is involved in an accident, when should they contact a lawyer. What I am really asking is, “How does a person know if their case is serious enough to consult with a lawyer instead of just contacting ICBC directly?
David Marr: I have always been interested in getting off the mark as early as possible.It allows us to develop the evidence in a much more comprehensive and understanding manner.In addition, and from the clients point of view,most claims are handled on a contingency % fee basis.That fee is the same no matter when the lawyer is retained-why not access his/her expertise as early as possible.I shake my head at the rationale that dictates a wait and see approach before hiring your own legal specialist.The insurance company wants to settle your claim for as little as they can get away with so initially they present as your ally but guess what-they do no case development-they don’t even try to address future potential problems you might face as a result of your injuries etc.
Tara Decker: They should contact a lawyer as soon as possible.
Kevin Cowan: Most of the cases we work on involve ICBC. The minute an accident is reported they open a file. The insurance adjuster managing the claim is smart, well trained and has resources to investigate the claim. And their role is to keep costs down. To minimize the claim brought by the injured person. To defeat the claim if possible. That is simply the way in which successful insurance companies work.
Deciding to advance a claim for fair compensation may be one of the most important decisions you will ever make. You should take it as seriously as the insurance company does. Start early with a competent team on your side. And remember, as fees are paid by way of a contingency contract, hiring a lawyer now will cost you no more today than it will a year from now.
Joseph Zak: It is very important to consult a lawyer as soon as possible to determine relevant limitation periods and undertake all necessary investigations. Claims are often governed by strict limitation periods which must be adhered to. Critical evidence may be lost if immediate steps are not taken to secure and preserve the evidence or the accident site. Consulting us early on will not only enhance your claim but will avoid costly mistakes.
Is there a fee for your service? How does that work?
David Marr: We act on a contingency fee basis which is a percentage of the amount obtained.In addition we will fund all litigation expenses necessary to bring the claim to a successfull conclusion.We charge the same interest on these expenses as the bank is charging the firm.At the conclusion of the case,the defendant insurance company is required to pay statutorily dictated fees which cover most of the law firm expenses-so in that sense it is a free ride for the client and they just have to concentrate on recovery.
Kevin Cowan: Our clients invariably have trouble working because of their injuries. They can’t even pay their existing bills. Asking them to pay up front is impossible. One of the great things about the contingency agreement is that we don’t have to. We get paid when they get paid. That is fine with us and fair for them.
What types of compensation / reimbursement does HMZ Law cover while waiting for the settlement?
Kevin Cowan: That is a difficult question. Each case is different. When there is insurance coverage that is available to our clients, which includes ICBC accident benefits or short term disability benefits. If you are eligible for this help we can help you go through the steps needed to secure it. . If these benefits are not available in your case we can help access government benefits and other sources of bridge financing.
Do you have to go to court?
Kevin Cowan: A well prepared case generally does not have to go to trial. Over 95% of our cases settle before trial is commenced. If the other side can see what the trial outcome is they are more likely to offer a fair settlement. But you should not be afraid to go to trial. We will be there with you. You and your witnesses will be fully prepared. Your case will be properly presented so that the judge or jury fully understands.
One of my best moments at trial came last year when I was arguing a case before a jury. A bunch of high school kids came in with their teacher to watch. They soon got up and went into the next court room, where a murder trial was going on. But they came back about 30 minutes later and brought a number of their class mates. They stayed all morning and watched. At the break, one of them approached me in the hall and told me that our case was much more interesting. I knew then, that we had properly prepared the case.
Do you have good support staff? Is that important?
Kevin Cowan: Our staff is the best. We are lucky to have their help. We have 5 paralegals and 7 legal secretaries helping 5 lawyers. We also have library staff, accounting staff and the finest reception staff. Together, they ensure that our lawyers are prepared to bring your case to a successful conclusion. Our clients need our help. We need the help our staff provides to make us better. They make us a great team.
Thank you.
