ICBC Claims & Slip and Fall Claims – What to Expect for Pain and Suffering for Soft Tissue Injuries

The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…

Medical Malpractice – Hospital Errors and Hospital Overcrowding

In British Columbia and throughout Canada, it is no secret that our hospitals are overcrowded and that they are not equip to adequately handle the amount of patients who require care. As hospitals try to deal with overcrowding, patients are sometimes being treated or held in unconventional places such as hallways, staff rooms and supply…

Slip and Fall Accident on Public Property – Difficulties in Suing a City

In a recent blog post, we discussed how the City of Burnaby was held liable under the Occupier’s Liability Act for the injured claimant’s injuries in a backyard fire-pit accident. In this blog post, we will delve deeper into the law when an individual is injured on public property which is owned and operated by…

Injury Claims and the Impact of Unreliable Information Provided to Medical Experts

The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…

Early Retirement Because of Injuries Suffered in a Motor Vehicle Accident

Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…

Occupier’s Liability – City Liable for Injuries Caused by a Fire Started by its Tenant

If you are injured because of a hazardous or dangerous condition on either public property (city or province owned) or private property, you may have a claim for compensation against the property owner or tenant who had control over the property. This type of claim is known as an occupier’s liability claim. If the accident…

ICBC Claim – What happens if you are injured and partially at fault for a motor vehicle accident?

If you are injured in a motor vehicle accident, your compensation may be reduced if you are partially at fault for the collision. In British Columbia, the Negligence Act states that each party is responsible for compensation in proportion to his/her degree of fault for the motor vehicle accident and injuries that are caused by…

Medical Malpractice & ICBC Claims – What Happens if your Injuries are Worsened by Incorrect Medication Prescribed by your Doctor?

Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…

Injured in an Assault or Battery – Who is liable and who to sue?

The tort of assault involves the intentional creation of the apprehension of immediate harmful or offensive conduct but no actual touching. A battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of dignity.  The main difference between assault and battery is that…

ICBC Claim for a Motor Vehicle Accident in the USA

  If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is an exception, however, to this general rule. You may pursue…