May 15th, 2013
Here is the who, what, when, where and whys of the new landscape in BC for release of confidential and private documents in ICBC claims. Effective up to date advocacy based on leading case authority in ICBC claims can make the difference. Lawyers that specialize in personal injury claims assess the risks of disclosing your personal medical and income documents to ICBC before settlement or trial.
With ICBC being the only government auto insurance company in the Province ICBC has possession of a claimants personal information at the beginning of any litigation. Here is a start to what you need to know when it comes to releasing documents to ICBC :
1.Who?- Prior to the changes in the Civil Rules there was an assumption by lawyers in ICBC injury claims that confidential material had to be disclosed to ICBC’s legal advisers once an injury claimant filed a lawsuit. It was considered to be “the risks undertaken when bringing an action”( 2012 BCSC 1142 para 19) .
2. What? – The Supreme Court Civil Rules now limit document disclosure at the close of pleadings. Only documents that could be used at trial to prove or disprove a material fact need be listed in the uncomplicated ICBC claim.
3. When?- Since June, 2010 the Civil standard for document disclosure in ICBC cases and personal injury cases in general has changed.
4. Where?- These changes effect all ICBC claims, civil claims, and personal injury claims in the British Columbia Supreme Court.
5. Why? – To make our system of civil justice more cost effective and the processes available to litigants and their lawyers be proportionate to the claim at hand.
Take a read of the Supreme Court of Canada case of Halls v. Mitchell, p. 138- great law as as never been overturned. The Court points the to legal, social and moral imperative behind the duty of confidentiality which I believe will be part our our new legal landscape in ICBC claims.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.
Tags: ICBC, ICBC Injury claim, ICBC Lawyers, New Civil Court Rules, privilege, rule 7-1
Posted in #1 ICBC Injury Claims, ICBC Insurance Claims, ICBC Lawyers | No Comments »
May 10th, 2013
Finding the best lawyer in Vancouver for a claim with the Insurance Corporation of British Columbia depends on the type of case you have and the qualities you consider to be important. There are over 10,0000 lawyers in BC, most of them having offices in Vancouver. Not all ICBC claims require a lawyer and most lawyers will agree to take your case on a percentage type fee arrangement if there is a claim for personal loss and damage that can be settled.
Here are few good tips to consider when looking for a lawyer:
1. Make sure the lawyer is able to practice law in British Columbia;
2. Find out whether the lawyer or law firm works for ICBC on other claims; and
3. Meet the lawyer in his or her office in Vancouver to ensure they provide the legal services you need for your claim.
Watch my short video about your ICBC claim and spend some time at our site as I have written numerous articles to help people find the right lawyer in Vancouver for an ICBC claim.
Posted by Renn A. Holness, B.A. LL.B.
Tags: Accident Insurance Claim, Car Accident Claim, Car accident lawyer, Find Lawyers, ICBC, ICBC Injury claim, ICBC Lawyers, Law Firm Personal Injury, Lawyer Vancouver, Personal Injury lawyer, Vancouver car accident
Posted in #1 ICBC Personal Injury Lawyers, British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Legal Advice, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
May 7th, 2013
Age can make a difference to injury claims made with the Insurance Corporation of British Columbia, ICBC, following a car accident. Personal injury lawyers are well aware of the principle that you “take a victim as you find them”in the Canadian courts. An ICBC lawyer can’t blame a brain injured claimant for having an unusually thin skull nor can ICBC blame the elderly for being more susceptible to brain injury.
It is really important, despite not having an ICBC lawyer involved, to have a proper medical history. If the lawyer knows that there is a history of dementia the question is whether the current status is worse than before the head injury. This is where it can be useful to use scanning such as CT and MRI to determine if there is something new that cannot be explained by just a dementing process. Most dementia’s fall into the alzheimer’s group in the elderly and these people having a higher incidence of complications related to head trauma.
ICBC and lawyers alike watch our short video, Neurosurgeon Dr. R. O. Holness explaining the effects of brain injury on the elderly. Dr.R.O. Holness suggests that being over 65 years of age is one of the indications for ordering an immediate CT scan following a head trauma.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
Tags: Car Accident Claim, ICBC, ICBC Injury claim, ICBC Lawyers, Legal Causation, Prior Condition
Posted in #1 ICBC Injury Claims, #1 ICBC Personal Injury Lawyers, Brain Injury, Head Injury, ICBC Car Accident, ICBC Lawyers, Motor Vehicle Accidents, Personal Injury Lawyers BC, Traumatic Brain Injury | No Comments »
May 1st, 2013
For over 20 years the Insurance Corporation of BC, ICBC, has denied injury claims when there is minimal damage to the vehicles. When I started as a personal injury lawyer in Vancouver in the mid 1990′s this program was referred to as ICBC’s Minimal no Damage or No bash no Cash policy. The modern Low Velocity Impact Policy, LVI, has been largely ineffective in Supreme Court trials as Judges reiterate that people can suffer injury in the absence of damage to the vehicles.
Since the release of a critical government review of ICBC, the Corporation has been forced to make changes to its internal structure and review the minimal damage claims. In 2012 ICBC was also found to be one of the worst insurance companies when it comes to customer service. The ICBC Low Velocity Impact Program is one of the most despised ICBC policies by claimants and it should be no surprise that its use will no longer be advertised and will recede into the background for now.
However my experience representing personal injury claimants against the ICBC Low Velocity Impact Policy informs me that ICBC fully intends to continue to deny minimal damage claims . ICBC continues to do so in their actions and behaviour on individual personal injury files. Take a read of this just released injury case where the defence lawyer argued that there was very minimal damage to the vehicles and claimant suffered no compensable injury. The Judge awarded the claim $50,000.00 for pain and suffering but in my view ICBC was completely successful in thwarting that claim as the claimant was asking for $275,000.00 for her pain and suffering. This case was heard before the government released its’ report but validates the denial of minimal damage claims.
ICBC may have to take the Low Velocity Impact Policy underground or simply apply it in a more common sense way to minimal damage injury claims. However, in my view I don’t think injury claim lawyers have seen the last of this ICBC Low Velocity Impact Policy of claim denial.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
Tags: ICBC, ICBC Injury claim, Low Velocity Impact Policy, Pain and Suffering
Posted in #1 ICBC Injury Claims, #1 ICBC Personal Injury Lawyers, ICBC Car Accident, ICBC Insurance Claims, ICBC Lawyers, ICBC Truck Accident, Motor Vehicle Accidents | No Comments »
April 18th, 2013
As a personal injury lawyer in BC since 1995 I’m often asked how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments such as settlement amounts can be offered and paid out. It is ultimately however a Judge that may decide the value of your case so understanding what you need to prove can help in settlement negotiations.
If you have suffered loss due to a personal injury you will understand that some losses are out of pocket, like cost of treatment, and can be calculated, and other losses are difficulty or impossible to calculate, such as loss of enjoyment. This article addresses the Supreme Court of BC legal criterion for a personal injury awards for pain and suffering and loss of enjoyment of life. Here is a non-exhaustive list to consider when trying to settle an injury claim or responding to an offer, including whiplash and soft tissue injury, with the Insurance Corporation of British Columbia and other insurance companies:
(a) age of the injury claimant;(b) Type of the injury;(c) Severity and duration of pain;(d) Disability;(e) Emotional suffering; (f) Loss or impairment of life;(g) Impairment of family, marital and social relationships;(h) Impairment of physical and mental abilities; (i) Loss of lifestyle; and (j) The claimant’s stoicism.
In British Columbia if your injury is so trivial as to be de minimus you will be awarded nothing for your injury. Yes, zero dollars. In this type of case ICBC will often refuse to make any offer of settlement and may even refuse to pay for injury related out of pocket expenses such as massage and physiotherapy.
If an injury claimant has suffered a catastrophic injury the maximum cap in Canada for pain and suffering set by the Supreme Court of Canada is currently under $400,000.00
It is important to understand that injury claims are usually composed of more than a claim for pain and suffering. Get a legal consult to determine whether legal guidelines may entitle you to compensation for more than just pain and suffering. Settling your case without a lawyer is something many live to regret. Watch my short video about whether to settle your injury claim with ICBC.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
Tags: Car Acccident Settlement, ICBC, ICBC Injury claim, ICBC Lawyers, ICBC Settlement, offer to settle, Pain and Suffering, Personal Injury lawyer, Settlement, settlement offer
Posted in #1 ICBC Personal Injury Lawyers, How Much Money Will I Get?, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Insurance Claims, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Settlement Amounts, ICBC Settlements, ICBC Truck Accident, Motor Vehicle Accidents, Soft Tissue Injury, Whiplash Claims | No Comments »
February 26th, 2013
There may be many reasons why you need to get a personal injury lawyer after a car accident and the lack of legal understanding is the number one destroyer of good cases. In this personal injury case the claimant did not have a lawyer and her case was a failure(Kapelus v. Hu, 2013 BCCA 86) due to the woefully inadequate presentation by the claimant of the evidence of her injury in support of her case. Why hire a lawyer for an ICBC personal injury claim can be answered by a review of this case. Here are some some of the errors made in presenting this personal injury case:
- The claimant provided very little assistance to help understand the nature of her injuries.
- The claimant did not even go so far as to confirm that her statements to the doctor about her complaints were accurate.
- The cases provided by the injury claimant were not relevant.
- The claimant provided no evidence that the ICBC deductible with not waived.
- Hearsay was relied on but is not rendered admissible under the business records exception.
The claimant was awarded $15,000.oo for pain and suffering and the the judge commented that her affidavit contained virtually no descriptions of her injuries, the pain and suffering they caused her, their duration, or the effect of them on her life or day-to-day activities beyond a passing reference to stopping outdoor work, and some limitations on lifting and carrying objects so that she needed some assistance with housekeeping duties. A personal injury lawyer hired to present this case may well have achieved a much more suitable award for this innocent claimant.
Whether a person needs a lawyer for an ICBC car accident injury claim or perhaps can manage without having to retain a lawyer depends on a few factors including: the legal or factual complexity of the case; need for discovery of documents and examinations for discovery; need for a judgment enforceable outside of British Columbia; a bona fide preference for a jury trial; and access to the summary trial procedure available in Supreme Court. Watch my short video about how to make a car accident claim without a lawyer. However, do yourself favour and talk to a lawyer before ICBC about your personal injury claim.
Posted by personal Injury Lawyer Mr. Renn A. Holnes, B.A. LL.B.
Tags: British Columbia Lawyers, Car accident lawyer, Free Legal Advice, icbc case examples, ICBC Injury claim, ICBC Lawyers, Lawyer, Pain and Suffering
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Car Accident, ICBC Lawyers, Injury Attorneys, Legal Advice, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 1 Comment »
February 13th, 2013
As a personal injury lawyer in Vancouver since 1995 I have always been open to providing a free initial consultation for people dealing with ICBC following a car crash . Getting no fee lawyer advice can be a lifeline and true asset at the beginning of an ICBC claim, just after the car accident.
Hiring an experienced lawyer for a personal injury is however not free and will require a claimant to sign a contract for fees, often referred to as a retainer agreement. The good news is that personal injury lawyers in British Columbia are permitted to take cases on a percentage arrangement and can fund the prosecution of the cases. Claimants that get this arrangement can walk out of the initial meeting with the lawyer having hired the lawyer without paying any up front fees.
As in any free professional commodity such as healthcare, education or financial management this advice will be limited by the lack of resources required to provide the service, hence why lawyers have to be paid for the professional advice they give to clients. “A Lawyer’s time and advice are his/her stock in trade”- Abrahan Lincoln.
There are time limits to report a car crash to ICBC but it is important to make time to call a lawyer before giving ICBC a statement or before signing documents for the insurance adjuster. What documents you should sign for ICBC or what forms must be signed by you will depend on the type of claim you have. How to make an ICBC claim for damage to a vehicle is different than making a personal injury claim. Remember that the free advice you get at the beginning of a injury case will be of limited benefit as the case moves forward.
Posted by Mr. Renn A. Holness, B.A. LL.B.
Tags: British Columbia Lawyers, Free Legal Advice, ICBC, ICBC Injury claim, ICBC Lawyers, Legal advice, Personal Injury lawyer, Personal Injury Lawyers
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Lawyers, Injury Attorneys, Legal Advice, Legal Fees, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
February 3rd, 2013
Finding a Vancouver Personal Injury Lawyer
I have experience and have worked as a personal injury lawyer in Vancouver since 1995 with my top-rated interest being ICBC car accident injury claims. The City of Vancouver is home to the highest percentage of lawyers in British Colombia and is a hub of legal activity in the Province. When looking to find the right lawyer for a car accident personal injury claim remember that a lawyer in Vancouver can represent a claimant living anywhere in the Lower Mainland and British Columbia.
Even the best Vancouver personal injury lawyers are required to be members of the Law Society of British Columbia in order the practice law in BC on a regular full time basis. Vancouver personal injury lawyers with expertise in brain injury, quadriplegia, soft tissue injury, and the like will often also be, but are not required to be, members of associations that help injured victims through the legal process. I have discussed the accreditation of personal injury lawyers in Vancouver previously and remind readers that there is no special certificate required for lawyers to practice in the field of personal injury law.
No matter where the personal lawyer is located the best lawyers in British Columbia will usually offer to coordinate a visit to your home if you cannot attend the lawyer’s office. Lawyers and law firms categorized as Vancouver personal injury lawyers have easy access to the most relevant and important resources for any personal injury case in the Lower Mainland and rest of the Province.
My Vancouver law firm specializes in personal injury with a special interest in brain injury, quadriplegia, paraplegia, nerve damage, psychiatric injury and soft tissue injury. Watch my short video about my experience as a Vancouver Personal Injury Lawyer. Call me for a no charge talk if you are searching for a Vancouver personal injury lawyer to help with an ICBC car accident claim.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B., located in downtown Vancouver across from the Vancouver Courthouse.
Tags: British Columbia Lawyers, Car accident lawyer, Find Lawyers, Free Legal Advice, ICBC Lawyers, Law Firm Personal Injury, Lawyer Vancouver, Lawyers in BC, Personal Injury Lawyers
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Lawyers, Injury Attorneys, Legal Advice, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 1 Comment »
January 16th, 2013
Contingency Legal Fees
Hiring a personal injury lawyer in British Columbia should not have to be a guessing game, especially when it comes to legal fees. That is why the Law Society strictly controls how much a lawyer gets for his or her percentage legal fees. The median or average percentage is set organically by the marketplace and is often thought to be one-third of the award or recovery (See: Expertise and Contingent Fees: The Role of Asymmetric Information in Attorney Compensation JLEO V9 N2). I am however unaware of any rigorous study on the subject in British Columbia and legal fees are still very much associated with the lawyers knowledge and experience.
From my own personal experience as a personal injury lawyer in British Columbia I commonly see agreements in which the lawyer is paid 33 1/3% for a car accident injury case and agrees not be paid if there is no money recovery. Fee percentages higher than one-third are usually reserved for medical negligence and slip and fall cases, again anecdotal. Fees lower than one-third, that is 25% and 30%, are much less common and in my experience I have rarely come across a lawyer that can afford to offer legal fees lower than twenty-five percent of settlement or court award, dependant upon the anticipated outcome.
I have written much on the subject of hiring personal injury lawyers so read on and for more background watch my short video about average contingency fee agreements and how personal injury lawyers get paid.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.
Tags: British Columbia Lawyers, Car Accident Claim, Car accident lawyer, contingency fee agreement, Find Lawyers, legal fees
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Car Accident, ICBC Lawyers, Injury Attorneys, Legal Fees, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
