Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income. This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits. If there is disability coverage through your employer, you may be eligible to receive short…
The decision regarding which medical experts should testify at trial is of utmost importance and it can impact the outcome of a trial. This is particularly true for injured claimants who hold the burden in proving their case. If there are multiple and different types of injuries suffered in a motor vehicle accident, then different…
In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent. This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…
If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer. A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…
For ICBC claims, there are various type of damages that may be claimed including: Non-pecuniary damages also known as damages for pain and suffering Past wage loss for net income loss from the date of the motor vehicle accident until settlement or trial Future wage loss or future loss of earning capacity for anticipated future…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…
As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses. In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…