Information regarding the proposed class action - floor collapse at the Mennonite Brethren Church, Abbotsford, B.C.
Click here for the sheet about the Information Meeting about the Class Action Lawsuit, being held on June 26, 2008.
What is a class action?
A "class action" or "class proceeding" is a lawsuit that is started by one person (called a representative plaintiff) on behalf of a group of people with similar injuries, or -like in this case- with injuries caused by the same incident. If the action is successful, the funds recovered from the insurance companies are divided up according to the seriousness of the loss suffered by each individual. Any settlement requires court approval.
Why has this action been started?
A This potential class action has been commenced as it is more efficient to bring together and resolve a large number of claims at the same time. A class action allows people to be compensated without having to sue themselves.
The representative plaintiff wants to help members of the community that have been hurt as a result of the floor collapse. The class action can ensure that all persons who may have been injured are fairly compensated for their injuries. This action as a way to ensure that people can focus on healing themselves and their families.
Am I eligible to be part of the claim?
A You may be eligible to be included in the class action if you suffered any injury or damage as a result of the collapse of the Abbotsford Central Heights Church floor.
Does it cost anything?
A. No. You are not required to pay anything up front to participate. Disbursements for the action are being funded by Webster & Associates. Webster and Associates will be paid for our work out of the funds recovered on a contingent fee basis. We will only get paid if the action is successful. Legal fees charged will require court approval.
What do I have to do to join the class?
A. At this stage, you do not have to do anything, except to provide your name, date of birth, contact information and information about your injuries or loss to Webster & Associates. At a later date we will need to obtain detailed medical information from you and your doctors about the injuries you suffered.
What injuries qualify for the action?
A. We will be asking the court to include in the class all persons who suffered personal injuries, whether serious or minor, including broken bones, muscle injuries, concussions, brain injuries, neurological damages, bruises, cuts, sprains, and any thing else.
I did not suffer any physical injuries, but I may have suffered a psychological injury or emotional shock as a result of seeing my children being involved in the floor collapse. Can I be compensated?
A. We will be asking the court to approve a class which includes all persons who suffered injury, including those who suffered only emotional injuries. You may be entitled to receive compensation if you suffered emotional injuries even if you did not suffer physical injuries.
I only lost property as a result of the collapse, can I be compensated?
A. We are asking the court to include those persons who only suffered property damages in the claim.
What about my time off work or school?
A. Compensation for lost wages or lost schooling will be asked for in the class action.
When do I get money for my injuries?
A. It will be some time before any settlement is likely to be concluded. The court will need to approve any settlement.
What do I need to do?
A. Go and see your doctor if you have been injured. Your most important task is to work on getting better.
Keep track of any expenses you incur for things such as prescriptions, broken glasses, and mileage. Keep the information is a safe place. If you still have your Starfield ticket, keep it as well.
Ensure that we have your information and your proper address and phone numbers. If you move or change your contact information you must advise us so we can communicate with you.
What is the process?
A. In accordance with the Class Proceeding Act we will be applying for a court order to have the action certified as a class action. Once that occurs, there will be a formal notification to the potential class members in a manner directed by the court and further information will be available at that time.
You may contact us at classaction@braininjurylaw.com.
Your feedback is appreciated.