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 »
April 22nd, 2013
Statements made to the Insurance Corporation of British Columbia, ICBC, in writing, on the phone, online or in person are vital to a claim for accident benefits and can affect a subsequent claim of negligence. The nature of any reply to the ICBC’s request for information must be accurate, and as is seen in a recent ICBC forfeiture of benefits case, true.
Prior to its repeal in 2008, section 67(10) of the Motor Vehicle Act stated that “Every report made under this section is without prejudice…and must not be open to public inspection..” However that is no longer the law and every relevant statement may now became evidence at a further civil trial.
When a claimant comments or describes a car accident to an ICBC representative the following written report generated by ICBC may not be accurate. Ask ICBC for a copy of your ICBC dial-a-claim statement so you know what was written and you can request changes under the Privacy legislation. Review my article on making an accurate report to ICBC.
Following a motor vehicle accident the insurance declarations for benefits and other remarks, including announcements on social media, made by claimants can form part of the overall evidence respecting a claim for damages and losses. The claimant need only provide the information required in the prescribed ICBC forms. Watch our short video on making an ICBC statement, take some time to read more of our articles and call a lawyer!
Posted by Mr. Renn A. Holness, B.A. LL.B- ICBC Injury Lawyer in Vancouver since 1995 working for the claimant not ICBC.
Tags: Accident Insurance Claim, ICBC, icbc case examples, ICBC dial-a-claim, ICBC Lawyers, ICBC Statement, Negligence, Vancouver car accident
Posted in Car Accident Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Insurance Claims, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Insurance Claim in British Columbia | No Comments »
November 29th, 2012
My personal injury law firm has negotiated hundreds of out of court settlements with the Insurance Corporation of British Columbia on behalf of car accident injury claimants, which is a first rate way of saving court time and expense.
Some personal injury cases cannot however be settled and are best taken to trial by experienced personal injury trial lawyers. I presented my first personal injury case to the Supreme Court of British Columbia in 1996 and my law firm as continued to prosecute personal injury cases on behalf of claimants in Supreme Court, our most recent case going to trial this month.
Figuring out whether the top priority in a case is preparing for trial or trying to settle can be a difficult decision, even for the most experienced legal counsel. I want to help claimants in this article, once they have hired a personal injury lawyer, to get the best out of their legal representation.
Most of the personal injury lawyers in British Columbia are based in Vancouver, Surrey, New Westminster, and the surrounding Lower Mainland area, given the access to legal practice support, legal resources, and the Courts. Vancouver lawyer numbers are unsurpassed by no other region having six times more lawyers than Victoria. Personal injury lawyers in Surrey have to file their Supreme Court lawsuit in either Vancouver or New Westminster because there is currently no Supreme Courthouse house in Surrey.
To get the greatest benefit from the advice of a personal injury lawyer when it comes to negotiating a settlement for an ICBC car accident case follow these simple steps:
1. Provide the lawyer with all documented out of pocket expenses paid due to the motor vehicle accident. These expenses include: Mileage Expenses; Prescriptions; User Fees; Ambulance/Hospital fees; Taxis/Travelling; Personal Property/Clothing; Extra Help/Babysitting services; and Auto Damage.
2. Inform your lawyer about all extra-curricular activities. This is important to getting compensation for your pain and suffering.
3. Keep all work related documents to eastablish time off or inability to perform duties of your job. Make sure your lawyer has the following information about your employer:
Date commencing employment:____________Date last worked pre-accident:_____________Date of Return to Work:______ Hourly rate:____________Hours per week:______ Weekly rate:__________Monthly rate:__________Salary:____________Benefits:_________
There are many other steps that a personal injury lawyer may want to take to ensure a claimant can obtain the best result. Listen to the advice of the lawyer and make every effort to obtain documents and information requested in a timely fashion.
Before the case is successfully settled with ICBC make sure you understand what is being settled. Often there are two claims with ICBC, one for accident benefits and the other is the negligence claim against the other driver. Usually, but not always, both these cases are settled at the same time so it is best to ask your lawyer. Remember it is ultimately the client’s decision to settle the case and not the lawyers. So once the lawyer has given you legal advice and presented you with the realistic options, the ball is in your court.
Posted by Personal Injury Lawyer Mr. Renn A. Holness B.A., LL.B.
Tags: Accident Insurance Claim, Car Acccident Settlement, Car Accident Claim, Car accident lawyer, Free Legal Advice, ICBC, ICBC Injury claim, ICBC Lawyers, ICBC Settlement, Law Firm Personal Injury, Legal advice, Loss of Income, Pain and Suffering, Personal Injury lawyer, Settlement, Vancouver car accident
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, How Much Money Will I Get?, ICBC Car Accident, ICBC Insurance Claims, ICBC Lawyers, ICBC Settlement Amounts, ICBC Settlements, Injury Attorneys, Legal Advice, Legal Fees, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
August 1st, 2012
The injury claimant was an accounting student at the time of this head-on car accident(Pisani v. Pearce,2012 BCSC 1118). One of the key issues related to the extent her symptoms may impact her plan to become a chartered accountant.
The claimant was driving downtown Vancouver and was returning home to their mother’s home in Coquitlam. The claimant entered the intersection east bound on Como Lake Avenue at Porter Street in Coquitlam when suddenly she was struck by a west bound sport utility vehicle. Immediately before the head on collision the claimant braced herself on the steering wheel and slammed on the brakes. She felt her body jerk, the seat belt constrain her, and the air bags deploy.
She sustained soft tissue injuries to her shoulder, neck, and back and will likely suffer flare ups from time to time for the rest of her life. Her medical expert stated that her plan to become a chartered accountant was a good fit for her physical capacity but prolonged use of a computer or sitting at her desk could cause flare ups of pain. The injury claimant therefore made a claim of $125,000 to $150,000 for loss of earning capacity. The judge did not think any employer will complain if she takes periodic breaks to stretch or that taking mini-breaks will affect her income earning ability. In denying her claim for loss of earning capacity the judge gave the following reasons:
[94] While Ms. Pisani argues that the facts in Mayenburg are distinguishable, I find they are similar. Mr. Justice Myers stated in Mayenburg at paras. 54 to 58.
[54] The real question, therefore, is whether Ms. Mayenburg’s ability to earn income as an accountant or similar job is impaired. I do not think that is the case.
[55]Ms. Dobbin’s finding with respect to sitting was based on testing Ms. Mayenburg in a sitting position over the course of two hours and 25 minutes in a non-supportive chair. Furthermore, Ms. Mayenburg was able to sit in a classroom for two hour lectures.
[56]In the absence of evidence to the contrary I think I can assume – whether as a matter of judicial notice or common sense – that an accountant or similar professional is not tied to his or her seat for any fixed duration. Ms. Mayenburg will be free to get up and stretch as she wishes. Similarly, I do not think that a prospective accounting firm or similar employer would balk at hiring Ms. Mayenburg if she told them that she would have to get up and stretch periodically.
[57] Just as Ms. Mayenburg was able to complete her studies successfully, there is no reason to think that her injuries will impede her ability to be a successful accountant. She might suffer some discomfort while performing her job, as she does when hiking and running, but that is what the general damages are meant to compensate.
[58] These comments apply with greater force to prospective self-employment as an accountant or similar professional.
[95] I am not satisfied that there is a real and substantial possibility that she will suffer an income loss as a result of her injuries. I decline to make an award to Ms. Pisani under this head of damages.
The court went on to however to award the claimant the following:
| Pain and Suffering |
$80,000.00 |
| Delayed Entry into the workforce |
$35,000.00 |
| Loss of Housekeeping Capacity |
$5,000.00 |
| Cost of Future Care |
$3,000.00 |
| Out of pocket expenses |
$997.95 |
| TOTAL |
$123,997.95 |
Posted by Personal Injury Lawyer Mr. Renn A, Holness B.A. LL.B.
Tags: Car Accident Claim, Chronic Pain, loss of earning capacity, Loss of Income, Pain and Suffering, Personal Injury, Vancouver car accident
Posted in Back Pain, How Much Money Will I Get?, ICBC Car Accident, ICBC Settlement Amounts, Motor Vehicle Accidents, Neck Pain, Soft Tissue Injury, Whiplash Claims | No Comments »
June 13th, 2012
This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of a $740,000 award for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents. The appellants admitted fault for the two car accidents accidents and the trial judge concluded that the injuries were indivisible and assessed them on that basis.
The British Columbia Court of Appeal allowed the appeal to the extent of reducing the cost of future care by applying a contingency of 10% in respect of the cost of a Pilates programme and the respondent’s share of the cost of a membership in a community centre. However, the Court found that the cost of child care was a cost incurred in order to undertake a rehabilitation programmes and were caused by the accident and are compensable.
In the first car accident the injury claimant was driving south on Granville Street towards the Vancouver airport and a car behind then drove into the back of the claimant’s car. The car was driven by the defendant Ms. MacDonald. The claimant said that the accident felt like a considerable amount of force. Her body hit the back of her seat and she remembers having a sore head and back. She went to UBC Hospital right away and subsequently went to massage therapy, before seeing her family physician.
The second accident happened almost two years later when the claimant was parked next to the curb, and sitting in the driver’s seat. The claimant’s young daughter was in her car seat in the back seat, and the claimant twisted sideways from the front seat to strap the daughter into the car seat. While in this twisted position, the claimant suffered the second accident. The claimant’s first thought was for her unborn baby, as she was then approximately seven months’ pregnant. She was taken to St. Paul’s Hospital and initially the fetus was moving quite rapidly and eventually the movements calmed down. The claimant was told that it was safe to leave the hospital.
The trial judge awarded $18,000 as damages representing 18 months’ child care costs. In upholding this award the Court of Appeal stated at paragraph 77: Read the rest of this entry »
Tags: Car Accident Claim, Child Care Costs, Chronic Pain, ICBC Injury claim, Legal Causation, Soft tissue injury, Vancouver car accident
Posted in Back Pain, How Much Money Will I Get?, ICBC Car Accident, ICBC Insurance Claims, Legal Fees, Motor Vehicle Accidents, Neck Pain, Soft Tissue Injury, Whiplash Claims | No Comments »
October 20th, 2011
Lawyer Wins ICBC Appeal in Car Accident case
In this ICBC car accident medical exam denied case (De Sousa v. Bradaric, 2011 BCSC 1400) ICBC was refused an order requiring the injury claimant to attend a second medical examination. The court reaffirmed the circumstances under which a second medical examination may be ordered. These considerations were paraphrased in an injury case from a car accident at Courtenay, B.C., Reischer v. Love, 2005 BCSC 580 at para. 14:
· The discretion must be exercised judicially on the basis of the evidence produced;
· A second examination may be appropriate where there is some question which could not have been dealt with on the first examination;
· A second examination is not allowed just because the magnitude of the loss is greater than what was previously known;
· Passage of time alone is not a sufficient reason to order a second examination;
· Where diagnosis of an infirmity is difficult and existing assessments are aged, a court may order a second examination;
· Differences of opinions between medical professionals is not sufficient reason to order a second examination where the first examiner could have discovered the issue on the first examination.
The major factor that personal injury lawyers in British Columbia need to be aware of, and is at the heart of all of these considerations, as stated by the court of appeal in Wildemann v. Webster, (1990), 50 B.C.L.R. (2d) 244, [1991] 1 W.W.R. 276 (C.A.), is that the medical examination is granted in order to put the parties on the basis of equality at trial.
Read my review of the original decision appealed at Vancouver personal injury claim ICBC denied exam. Posted by Mr. Renn A. Holness
Tags: Accident Insurance Claim, British Columbia Lawyers, Car Accident Claim, ICBC, ICBC Injury claim, ICBC Medical Examination, Insurance Claim, Law Firm Personal Injury, Lawyers in BC, Medical Examination, Personal Injury, Personal Injury lawyer, Personal Injury Lawyers, Vancouver car accident
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Car Accident, ICBC Lawyers, Injury Attorneys, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 1 Comment »
October 12th, 2011
Second ICBC medical examination allowed
This ICBC medical examination case (Assalone v. Le,2011 BCSC 1348)arises as a result of injuries the claimant suffered in a two car accidents filed in Vancouver and fault was admitted. The Insurance Corporation of British Columbia sought an order that the injury claimant attend an ICBC medical examination to be conducted by Dr. Andrew Hepburn. ICBC had already sent the claimant to a medical examination with Dr. Peter J. Kokan, an orthopaedic surgeon, but Dr. Kokan has since retired and may be unavailable for trial.
Rule 7-6 provides for the medical examination of a person where their physical or mental condition is an issue in a car accident claim. The rule provides:
Order for medical examination
(1) If the physical or mental condition of a person is in issue in an action, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order under this subrule, the court may also make
(a) an order respecting any expenses connected with the examination, and
(b) an order that the result of the examination be put in writing and that copies be made available to interested parties of record.
The Court ordered the second examination and reasoned as follows starting at para 14: Read the rest of this entry »
Tags: Accident Insurance Claim, ICBC Injury claim, ICBC Medical Examination, Insurance Claim, Medical Examination, New Civil Court Rules, Personal Injury, Vancouver car accident
Posted in ICBC Bicycle Accidents, ICBC Car Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Motor Vehicle Accidents | No Comments »
October 11th, 2011
Call a lawyer before ICBC
I have helped injury claimants in Canada since 1992 and I have been a personal injury lawyer in Vancouver since 1995. When you are involved in a car crash involving an ICBC (Insurance Corporation of British Columbia) claim it is best to call a personal injury lawyer that does not work for ICBC before you call ICBC dial-a-claim. Lawyers working for you can report your claim and also do the paperwork while you focus on your recovery. Watch my short video about calling ICBC to reprt a car accident.
Here are three top reasons you should call a personal injury lawyer before calling ICBC:
1. If the other motorist is insured with ICBC then ICBC will be acting against you to defend the other driver and your statement can be used against you later in court.
2. Even when you are trying to tell the truth insurance companies can often manipulate your words and you may not know what words they will turn against you. Your injury and medications may interfere with your ability to make a proper report. I have been hired by many injury claimants who tell me that they gave a statement to ICBC and believe they just told the insurer what really happened. When I get a copy of the statement from ICBC it reads much different than what the client has told me.
3. It’s free- most personal injury lawyer will agree to a free consult before taking on a case.
Talk to a lawyer that will act in your best interest so you can can make an accurate report to ICBC if needed. If you haven’t already done so read my article on whether it’s a good idea to report your claim to ICBC.
Posted by Mr. Renn A. Holness
Tags: Accident Insurance Claim, British Columbia Lawyers, Car Accident Claim, Car accident lawyer, Find Lawyers, Free Legal Advice, ICBC dial-a-claim, ICBC Injury claim, ICBC Lawyers, ICBC Statement, Lawyer Vancouver, Lawyers in BC, Legal advice, Personal Injury, Personal Injury lawyer, Personal Injury Lawyers, Vancouver car accident
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Insurance Claims, 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 »
September 8th, 2011
Tips to hiring a car crash injury lawyer
I have been a personal injury lawyer in British Columbia since 1995 and represent people that have been injured in car crashes, bike accidents and many other types of situations such as pedestrian and truck accidents. It is not uncommon for me to get a call from an ICBC injury claimant that is not happy with the lawyer they have hired. Take a read of my article about hiring car accident lawyers in BC. Here is a quick and easy checklist of items to consider when hiring a personal injury lawyer in British Columbia: Read the rest of this entry »
Tags: British Columbia Lawyers, Car Accident Claim, Car accident lawyer, Find Lawyers, Free Legal Advice, ICBC Injury claim, ICBC Lawyers, Insurance Claim, Law Firm Personal Injury, Lawyer Vancouver, Lawyers in BC, Legal advice, Personal Injury lawyer, Personal Injury Lawyers, Vancouver car accident
Posted in 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, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
