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…
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…
Have you been recently injured in a motor vehicle accident? Here’s why you should book a free consultation with us before you talk to ICBC. 1. Over 20 Years of ICBC Experience Since 1999, we have been providing exclusive legal representation to the injured against ICBC. With more than 20 years of ICBC experience,…
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 discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…
Several times in the last year, Jacqueline Small of our firm has been interviewed by Canadian Lawyer on current trends and trial decisions that impact the area of injury law in British Columbia. We are proud to stay ahead of the curve and to remain up to date on the law. We believe this is…
In Henderson v. Gettle 2021 BCSC 84, the injured claimant suffered severe injuries in a 2015 boating accident. At the time, he was visiting his family in Brentwood Bay, British Columbia. On the evening of the accident, the injured claimant, his father and stepmother set out in his father’s 17-foot powerboat to meet other family…
When investigating an ICBC injury claim, ICBC will often attempt to interview and speak to various witnesses who may have information about the injured claimant and his/her claim. Part of this investigation often includes contacting the injured claimant’s friends, family, co-workers and employers. If the witnesses do not voluntarily agree to speak to ICBC or…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place. This information allows patients to make an informed decision about whether or not…