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…
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…
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…
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…
In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…
Choosing the right ICBC lawyer to represent you with your ICBC claim is important. It is essential that you choose an ICBC lawyer who is knowledgeable and experienced in the field of personal injury law. This area of law is intricate and it requires a level of skill to navigate the many legal issues that…
It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to also pursue compensation for your injuries and losses against the assailant. The…
Medical malpractice claims are very complex and inherently expensive due to the expert evidence needed to prove negligence against a doctor. The reason why medical malpractice claims are expensive is because of the expert evidence needed to successfully prove that a doctor’s negligence and the injuries caused by that negligence. In this regard, most medical…
A limitation date is a specific period of time that people have to start a legal proceeding when suing in the civil justice system which includes suing in slip and fall claims. In 2013, the current Limitation Act came into force which sets out the time limits for filing civil lawsuits. This new reformed act…
Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…