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ICBC Settlements for 2020 – Part 2

  In a prior blog post, we discussed the current state of ICBC settlements in 2020.  Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants.  When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial.  This…

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Sport Injury – Lawsuit Against North Vancouver for Foul Ball Injury Dismissed

Sports are a large part of our society.  Millions of Canadians have participated in and have been spectators in amateur sports and professional sports.  Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…

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Loss of Housekeeping Capacity and Injury Claims

  Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…

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ICBC Settlements – Can you reject an offer you accepted from ICBC?

  If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC.  This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you.  ICBC adjusters have a significant…

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Injured Because of a Building Code Deficiency?

  What is the BC Building Code? The British Columbia Building Code governs how new construction, building alterations, repairs and demolitions are completed throughout our province.  It establishes minimum requirements for safety, health, accessibility, fire and structural protection of buildings and energy and water efficiency. It applies throughout the province except for some federal lands…

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ICBC Hit & Run Claim Dismissed at Trial due to Failure of Injured Claimant to Question Hells Angel

If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC.  The law in British Columbia requires you to take certain steps to identify the driver who fled the scene.  If these steps are not taken, then…

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Injured by the Police – What is Excessive Force?

The civil unrest in the US continues in the wake of public anger and backlash over the murder of George Floyd due to unreasonable police force in kneeling on his neck for several minutes. From a legal standpoint, it is anticipated that the police will rely on a defence known as “qualified immunity” which protects…

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Does Your Lawyer Work for ICBC? Important Reasons Why You Should Know

In British Columbia, there are numerous lawyers and law firms who work for ICBC as defence counsel. They advocate for ICBC and they work to protect ICBC from personal injury claims by reducing claims. To reduce claims, often an injured claimants’ credibility and their medical team are attacked. A staggering number of lawyers who work…

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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…

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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…

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