Breaking Down the Dollars. The Real Value of General Damages in Civil Litigation

Hosts: Hamish Mills-McEwan and Stanford Cummings

What You'll Learn

• The roles and responsibilities of associate lawyers specializing in civil litigation, personal injury, and insurance law at Nelligan Law.
• How general damages are calculated in Canada, the factors influencing these calculations, and the contrast with the U.S. legal system.
• The significance of adjusting compensation for inflation and how historical caps affect current litigation outcomes.
• Techniques and personal hobbies of lawyers that help them unwind, such as building Lego models and knife sharpening.
• How subjective experiences of pain and objective legal assessments intersect in the valuation of personal injury claims.

Discussion Points

Introduction of Hosts and Their Practices: Hamish and Stanford discuss their roles at Nelligan Law, focusing on injuries, insurance, and civil litigation.

LARPing Segment (Lawyers Are Real People-ing): The hosts share personal anecdotes about their hobbies and interests outside the courtroom, including Hamish’s attempt to build a Lego replica of Kevin McCallister's house from Home Alone and Stanford’s newfound interest in knife sharpening.

One Thing to Rule Them All: This segment delves into a detailed discussion on general damages in civil litigation. The hosts explore the concept of general damages, its implications for clients, and the differences in compensation between the U.S. and Canada. They discuss the historical and current perspectives on cap limits and the reality of how these limits impact claimants.

Reasonable Stan: A playful, educational segment where Stanford tries to assess general damages based on a recent case scenario provided by Hamish, highlighting the challenges and subjective nature of determining appropriate compensation for injuries.

Shout-Outs: The episode concludes with shout-outs to their articling students and a reminder of the importance of participating in provincial elections, emphasizing the impact of political decisions on the civil justice system.

Social Media:

instagram.com/nelliganlaw

facebook.com/nelliganlaw

Thank you for joining us for Civil Banter. Tune in for more insightful discussions on the intricacies of civil law and the personal experiences that shape the practice of law.