When a personal injury claimant suffers a brain injury as a result of a car accident there are many steps that can be attempted in the road to recovery. In Vancouver, BC we have recognized healthcare centres for spinal cord and brain injury. Before making a settlement with the Insurance Corporation of British Columbia, ICBC, for your personal injury claim you should review my list of the top 3 most important medical/legal considerations when settling a brain injury claim:
- Do you have legal advice independent of ICBC? As the injury claimant the burden is on you to prove your case in law and to ensure that your evidence will be admissible at trial. ICBC is not obligated to assist you if they are on the other side of the lawsuit and in fact their interests are adverse to yours.
- Do you require a litigation guardian? If an injury claimant has suffered a brain injury they may become legally incompetent after the filing of the lawsuit. In this event, Rule 20-2(10) of the Supreme Court Rules states:
“If a party to a proceeding becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless
(a) a committee has been appointed for the party, or
(b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act.”
The Interpretation Act R.S.B.C. 1996 1 C. 238 defines a “mentally incompetent person” as a mentally disordered person as defined by the Mental Health Act R.S.B.C. 1996, C. 288.
Section 1 of the Mental Health Act provides as follows:
“person with a mental disorder” means a person who has a disorder of the mind that requires treatment and seriously impairs the person’s ability
(a) to react appropriately to environment, or
(b) to associate with others.”
- Have you had the proper medical investigations? Is it critical that all relevant tests and examinations are performed before the expert deadlines. take a read of my article encouraging the best personal injury lawyers to pay attention the to new expert report deadlines.
Posted by Mr. Renn A. Holness