I handle personal injury claims such as a slip-and-fall or a trip-and-fall, as well as ICBC claims from motor vehicle collisions.
Operators of commercial establishments like retail stores, hotels, and restaurants, and even private landowners, owe a duty to visitors to maintain their lands and premises (including parking lots) in a reasonably safe condition. For example, a grocery store must keep the floor of the store reasonably dry and clean, and a gas station must keep the area around the gas pumps reasonably clear of ice and snow. If they fail to fulfil these duties and you are hurt as a result, you may be entitled to compensation for your losses.
Often, there is an insurance company working behind the scenes to defend against your claim. It is helpful for you to have legal assistance when dealing with the insurance company.
The earlier you speak to a lawyer about your case, the better your chances may be of bringing it to a successful conclusion. I provide a free initial consultation to people who have personal injury claims. During this meeting I will:
Find out what to do next by calling me at 250-564-5544 (1-877-964-5544). I can help you receive the compensation you need for your pain and suffering, lost wages, and the costs of medical treatment.
When I act on a contingency fee agreement (percentage agreement), you do not pay anything until your case is over. During the case I carry the costs to have you examined by expert medical witnesses, the costs of obtaining medical reports and records, and the other necessary costs which arise in personal injury claims. You will not have to borrow money to pay your legal expenses as your case proceeds.
I handle ICBC claims for Motor Vehicle Collisions. Here are a few steps you should take after a collision:
Collisions occurring before April 1, 2019 -- The Traditional Tort Rules Still Apply
For collisions which occurred within British Columbia before April 1, 2019, the traditional tort rules apply.
Under this tort system, the first question is whether you were partly or entirely liable for the collision. If it turns out that you were entirely at fault, your tort claim would be dismissed. If you were not at all at fault, your tort claim could be allowed and you could be awarded full compensation for your tort damages. If you were partly at fault, then your compensation for your tort damages would be reduced by the proportion of your fault for the collision. For example, if you were 25% at fault for the collision, you could be awarded only 75% of your compensation for your tort damages.
The compensation you are awarded for tort damages is based on your actual losses as determined by a judge, not on an arbitrary amount which your ICBC adjuster deems that you should be entitled to receive.
Collisions occurring from April 1, 2019, to April 30, 2021 -- The “Minor Injury” Rules
For collisions which occurred within British Columbia on or after April 1, 2019, to April 30, 2021, the provincial government created a new category for injuries which it deems are “minor injuries.” This new scheme gets rather technical. In summary:
Collisions occurring on and after May 1, 2021 -- The “No Fault” Scheme
For collisions which occurred within British Columbia on or after May 1, 2021, the claim is subject to the provincial government’s “no fault” scheme (euphemistically called “Enhanced Care”). In substance, this “no fault” scheme is similar to WCB claims for injured workers. Your compensation for your various damages and other losses is determined by an ICBC adjuster. In practical terms you have little or no recourse to challenge that decision if you disagree with it. Specifically, you cannot go to court to have a judge decide what you are entitled to receive as fair and reasonable compensation for your damages and losses.
Note re ICBC’s “Minor Injuries” and “No Fault” Schemes
There are court challenges under way with respect to ICBC’s “minor injury” scheme, and it is expected that court challenges will be made to ICBC’s “no fault” scheme. If any of these court challenges is successful and you have an affected claim, the outcome of that court challenge may (and probably will) affect your rights and responsibilities as a claimant. As a result, before settling or concluding your ICBC claim in these circumstances, you should consult a lawyer.
Regardless of when your collision occurred, in most situations a person injured in a motor vehicle collision which occurred in British Columbia is entitled to Part 7 benefits.
Part 7 benefits are intended to provide an injured person with basic accident benefits, such as reimbursement for certain medication expenses, some therapy costs, and mileage to and from your medical appointments. Part 7 benefits also include temporary wage loss benefits.
ICBC cannot refuse to pay Part 7 benefits based on fault for the collision, nor can it reduce the amount of Part 7 benefits you are entitled to receive based on fault.
The issues involved in deciding whether an injured person is entitled to Part 7 benefits, and, if so, what benefits he ought to receive, can be very complicated. If ICBC has denied your claims for Part 7 benefits, you should promptly consult a lawyer.
There are deadlines for you to start your lawsuit arising from an injury claim if you are not able to conclude your claims in the meantime. These deadlines are sometimes referred to as "limitation periods." If the deadline to start a lawsuit is missed by even as little as one day, the claimant may be prevented from seeking compensation for injuries and other losses simply because that deadline was missed. You should consult a lawyer promptly for advice about these time deadlines.
I offer a free initial consultation in ICBC cases. During this meeting I will review the circumstances of your claim and provide you with summary advice about your rights and responsibilities, at no charge to you.
All information is required.
The foregoing is general legal information only, based on the law of British Columbia. Readers should consult a lawyer to obtain specific legal advice about their particular situation.
Your Prince George and northern BC Lawyer and Mediator.