Settled Personal Injury Case includes Cost of Mandarin Translation
In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a second language should not prevent an injury claimant from obtaining a fair settlement or proper legal advice for a personal injury claim following a car accident. The court agreed awarding the injury claimant the full cost of the interpretation and translation service. It was conceded that the expense for the personal injury law firm to retain a translator to have the lawyers fully and effectively communicate with the claimant was proper and necessary.
The injury claimant’s first language was Mandarin, and her ability to communicate in the English language was very limited. She hired an English speaking personal injury lawyer that successfully settled her case and went on to advertise that translator fees are provided “at no cost to you” on his web site. The Court concluded there was no term in the retainer agreement that held the claimant harmless for any translation fee services and therefore the defendant was required to pay the full expense. By operation of the law the claimant may also be entitled to interest on the amount paid for interpretation by a translator.
Although I agree with the result I question whether the lawyer in this case was required to disclose the retainer of claimant to the Court and whether principles of privity of contract would work against any benefit the defendant may hope to gain under this separate agreement.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
2 responses to Translator fees provided "at no cost to you" says Personal Injury Lawyer
Lawyer to Negotiate Settlement with ICBC | Holness Law Group
July 29, 2017 6:41am
[…] court, if you are successful, will usual compensate for any reasonable translation expenses involved. So take time to find the best lawyer for your ICBC claim, not just one that understands […]
Personal Injury Lawyer David Klein Joins Holness Law Group | Holness Law Group
March 31, 2016 7:25am
[…] Mr. Klein has a special interest representing victims of personal injury in ICBC injury claims and has experience in the Supreme Court of British Columbia. For example, Mr Klein was instrumental in a personal injury case in which the claimant was awarded the cost to retain a translator to have her lawyers fully and effectively communicate with her ( Settled Personal Injury Case includes Cost of Mandarin Translation). […]
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Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
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Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.