As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue. The main reason for this is due to the expert evidence required to prove liability and quantum . For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…
Disbursements are legal expenses. Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc. Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim. Until recently, ICBC was responsible…
We have written several blogs on the new ICBC No Fault Insurance brought in by the NDP. This new “Enhanced Care” model, as ICBC likes to refer to it as instead of No Fault Insurance, effectively eliminates any compensation for injuries suffered in a motor vehicle accident. Instead, ICBC will “take care of you” by…
We have written numerous blog articles on Medical Malpractice. Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care. Health care providers not only include doctors, but also other types of medical practitioners including dentists, nurses, chiropractors and therapists…
As we have reviewed in prior blog posts, there are different types of damages that can be claimed if you are injured in a motor vehicle accident. This, of course, depends on the type of injuries you suffer and the impact those injuries have on your life. In other words, it is very fact specific.…
In a prior blog post, we addressed the ICBC minor injury caps which came into effect for all motor vehicle accidents occurring on or after April 1, 2019. If an injury fits the definition of “minor” in the new law passed by the NDP, then compensation is capped or limited to a maximum $5,500.00 for…
What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC. You are likely wondering what types of claims you can make against ICBC, how…
On May 27, 2021 the Supreme Court awarded our client more than double the amount ICBC offered for compensation for car accident injuries after a short four day trial. In awarding $90,000 for her pain and suffering the judge took into account the plaintiff’s age; the nature of the injury; the severity and duration of…
Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life. Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…
As we have covered in prior blog posts, the NDP has dramatically changed ICBC claims by introducing ICBC No Fault Insurance which the NPD is flouting as “Enhanced Care”. The sad reality is that most British Columbians do NOT understand what rights the NDP have stripped away from them in exchange for a small reduction…