As a personal injury lawyer since 1995 my law firm and I have assisted thousands of claimants in search of a legal advocate after an injury. One of the most common questions: Do I need a lawyer? Why? Answer: To obtain better compensation without dealing directly with ICBC is often the reason a claimant hires a lawyer. To…
It can be difficult to know how much to pay for legal services if you have little or no experience hiring a lawyer after a personal injury. The years of legal training and experience help to determine the lawyer’s best hourly and percentage fee. Here are a few case examples to help understand what is reasonable…
ICBC continues to show a lack of respect to the court and to claimants by refusing to pay a law society trust administration fee. The auto insurance monopoly ICBC, wanting total control over the claim process, has ignored the ongoing orders and directions of the Supreme Court. ICBC employs many lawyers to assist ICBC adjusters…
Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties. The claimant was a real estate developer which arranged for the design, construction and sale of a residential project located in Burnaby, BC. An agreement…
After dealing with ICBC on your own many come to understand the value of having a lawyer. What you may not know is that most lawyers do not get paid until the end of the case. The upfront expenses of investigation, document gathering and medical assessments will be covered by most ICBC lawyers and claimed against ICBC at…
Living in Surrey has its advantages although after a car accident personal injury lawyers must file suit in another city such as Vancouver. Surrey has an ICBC claim centre, convenient after a car accident, but does not currently have a Supreme Court Registry. The Vancouver Court building houses the Supreme Court and Court of Appeal Registries. Here is…
In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The Supreme Court Judge came to this conclusion based on the following considerations: a) The claimant had…
ICBC claimants always ask me whether they need a lawyer for their injury case. This personal injury claimant did not have the assistance of a personal injury lawyer at his trial which involved two car accidents. He was found to be totally at fault for one accident and awarded $60,000 for the other. The claimant did…
Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue. The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…
In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests. Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…
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