Our personal injury attorneys can help defend your rights and will work with you to seek fair compensation for the harm and damages suffered, including:

• Lost wages resulting from your inability to work
• Your need for home care and assistance
• Medical expenses incurred to treat your injury
• Psychological or mental harm, stress and/or trauma
• Pain, suffering and loss of enjoyment of life
• Inability to care for yourself or your family members
• Physical or mental disability

Each case is different, yet there are a number of common factors the courts will assess in evaluating your personal injury claim:

• The cause of the injury: was someone else at fault either intentionally or through negligence
• Medical expenses
• Expenses for ongoing rehabilitation
• The impact that the injury has on your ability to work and on the activities of daily living such as household chores and recreational activities
• Degree of physical or mental anguish
• Degree of pain and suffering due to the injury
• Loss of life/companionship

Damages awarded for bodily or personal injury are often classified as “compensatory”, meaning that they are intended to compensate the injured party for what was lost due to the injury or accident. Some compensatory damages are relatively easy to quantify, such as reimbursement for medical expenses, while others are more difficult, such as attributing a dollar value to the mental anguish, suffering or inability to enjoy life due to limitations caused by the injury.

Once one of our bodily and personal injury attorneys thoroughly investigates and reviews the circumstances of your injuries along with police report, medical records and receipts for ongoing care or rehabilitation (see question, What documents will my attorney need?), he/she will then review other cases in Quebec law (jurisprudence) looking for examples of similar situations and the amount the court awarded to the plaintiff.

The length of the procedure necessary to resolve your case will depend on the nature and the complexity of your matter. Your attorney will be able to give you an estimate after receiving and reviewing all the important facts on the case.

In order to evaluate your case and assess the amount you can claim before the court, Tran Duc Anh Thu’s attorney will require the following documents:

• Copies of any police reports detailing the incident
• Copies of your medical records relating to the incident or additional care
• Receipts for treatment or ongoing rehabilitation

Acting on your behalf, a family attorney negotiates with your spouse or your spouse’s attorney to ensure that your legal rights are upheld and the arrangements made protect your interests and those of your children. Combining mediation, negotiation and legal proceedings if needed, a family attorney can help you with each of the following:

• Divorce applications
• Amicable agreements and settlements out of Court
• Child custody arrangements
• Spousal or child support arrangements
• Partition of family patrimony, including your home, savings, RRSP and other belongings
• Property and co-ownership issues, such as the sale of the family residence and maintaining the status quo pending legal proceedings
• Discovery of undisclosed assets and undeclared income
• Protection of assets by way of a seizure before judgment pending legal proceedings

• De Facto Spouses
• Foreign decisions granting maintenance orders or alimentary support

We offer an affordable hourly rate for all family matters. Upon evaluating your particular situation, we are able to assess the amount of work required and provide you with an estimate of the cost to help you plan and budget.

The duration of divorce or separation proceedings depends on the complexity of your case and the degree of cooperation between you and your spouse. Generally, when there is no serious dispute between the parties involved, the proceedings and lawyers’ interventions are completed within reasonable delays. In the case of conflict or disagreement between the parties, a trial date is often necessary, which can take up to one year to obtain.

Before granting custody and ordering alimony payments, the judge presiding over a family law case studies the spouses’ emotional and financial situation and may also hear expert testimony from qualified professionals such as psychologists or social workers. The judge then decides which spouse will be awarded custody of the children. or if shared custody will be granted. If the children are old enough, the judge will also consider their opinion regarding who they prefer to live with. In the case where parents agree on joint custody, it is up to them to decide on the terms and conditions.