ICBC will now focus on care not legal costs, but what does that mean? Starting April 1, 2019 ICBC is capping care costs for innocent car accident victims. Innocent motorists are therefore no longer able to claim the full cost for treatment after a car accident. As a result, necessary treatment costs above the treatment…
Store liability for customer injuries due to poor maintenance will result in money compensation. Most store owners therefore best have a system in place to keep customers safe. Following the system is key, however, regardless of the adequacy of the system. An occupier of a store owes a duty to take reasonable care that a…
Medical malpractice settlements are generally private and therefore not reported. The amount of the settlement will reflect the risk of going to trial. These are civil lawsuits brought by patients against negligent care providers. Settlements are paid to the patient by an insurance company. As a result, a release agreement must be signed. The settlement…
What does minor injury mean? The ICBC definition only relates to car accidents after April 1, 2019. This stipulative definition captures almost all serious auto injuries. Yes, ICBC defines most serious auto injuries as minor . Find out how ICBC pays less money for those injuries under the Minor Injury Regulations. ICBC adjusters have no…
Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury. There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the…
In medical malpractice cases there is no uniform standard of care governing all doctors. Standard of Care A medical doctor’s error in clinical judgment does not necessarily lead to medical malpractice. Similarly, a poor outcome from medical treatment does not always mean a doctor is legally responsible. The proper standard is related to the doctor’s…
ICBC pays loss of income to a max of $300 per week for car accident injuries. After April 1, 2019 ICBC disability increases to $740.00 Max. ICBC deducts any wage loss benefits received from EI or a private disability plan. ICBC Disabilty Deducted The April 1, 2019 increase in ICBC disability benefits comes with a…
The claimant slipped and fell on a sidewalk in Summerland, B.C. She slipped on a patch of ice and fell while using her four-wheeled walker. The fall injured the claimant. The court found Summerland breached its own policy by failing to inspect its sidewalks for snow and ice (Scheck v. District of Summerland et al,2019 BCSC 48…
This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…
To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
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