Instruction Letter to Functional Capacity Expert (BC)

Summary

This precedent is an instruction letter that a lawyer should send to an expert retained to provide an opinion for a personal injury claim with regard to issues that require an opinion by a functional capacity expert. Such opinion may be required to assess a client's home to determine requirements to increase accessibility and mobility where the client was disabled by a motor vehicle accident. This precedent includes practical guidance and drafting notes. Fully understanding the extent of a claimant's loss may require a medical opinion on how the body heals or an economic opinion on the present value of lost future income. Likewise, when dealing with complex motor vehicle accidents, or product and occupier's liability, an engineer may be needed to explain a mechanical error or whether a certain regulation was complied with. When dealing with complex issues it is imperative for counsel to put their mind to whether expert evidence is needed to assist the trier of fact. Identifying this ...