Further, courts must be careful before criticizing plaintiffs’ counsel in a personal injury case who pleads a certain amount in damages and then amends that prayer for relief as and when the extent of the injuries is learned. This is to be expected. Legal counsel are not evaluators of the future prognosis of an injured party. Courts sometimes criticize counsel who move suits slowly and take no step before the last possible day. But counsel who sues promptly, once a serious disagreement as to liability or damages emerges, will rarely yet have full medical reports. Indeed, injuries and expenses will still be revealing themselves. See Fahie v. Rubin, supra (para. 47).
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