B.S. Countermeasures
We’ve published some blogs on the B.S. arguments that insurers (especially ICBC) use to try to cheat injured people. We will publish more.
But how should a lawyer deal with the B.S.? Just knowing it’s B.S. isn’t enough. Your lawyer needs to know how to counter it.
At Clear Legal, we rely on three things: the facts, the law, and logic. We can respond to B.S. by showing the facts that prove it’s B.S. Or we can ignore the B.S. when it’s so obviously the stinky product of a bovine butt. We may decide to apply the law which shows the argument is B.S. – or, again, just ignore the dogie dung. We may apply logic showing that the defence B.S. cannot possibly be true. Or, we might ignore the mooer’s manure. We call these “Bullshit Countermeasures”.
How we respond depends on the particular bit of B.S. that the defence is peddling. We’ve had cases where ICBC argued the laws of physics don’t apply to car crashes. That if most people “typically” heal from a particular injury in a particular amount of time, then everyone must heal in that time. Kinda like saying the average person is 5’6” – so me saying I’m 5’10” “can’t be true”. That the Plaintiff will miraculously heal the day after the trial is over (we call that the “Magic Pill” defence). We had a case where the defence claimed “babies don’t feel pain” – really. We countered that by asking why they cry when they’re spanked at birth? Is it a sense of indignity? Our judge burst out laughing. Judgment for $1.8 Million, plus $860K costs: https://canlii.ca/t/4wj4 & https://canlii.ca/t/1q7td.
Make sure you hire a lawyer who knows when the Defence is pumping out heifer hooey. Make sure they have the latest Bullshit Countermeasures in their weapons array. At Clear Legal, we have the technology. We have the facts, the law, and the logic. And we know how to use them.
We will clear out all the cow ca-ca, so you can enjoy the sweet, sweet smell of justice.
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