Tag Archives: Disability

Can I make a claim for business losses for my new business, even if I have not earned anything from it yet?

This issue was recently dealt with by the Supreme Court of British Columbia: http://www.courts.gov.bc.ca/jdb-txt/SC/14/24/2014BCSC2429.htm Here, a part time accountant, who had plans to expand her business into a full time practice, was injured in a motor vehicle accident. As a result of the injuries she sustained in this accident, she was unable to expand her […]

What is the maximum award for pain and suffering in British Columbia?

The maximum award for pain and suffering (also called non-pecuniary damages) was set by the Supreme Court of Canada in January of 1978 at $100,000. Taking inflation into account this comes out to around $350,000: http://www.courts.gov.bc.ca/jdb-txt/SC/14/14/2014BCSC1404.htm#BookMark88 Keep in mind that this number is pegged to inflation and will increase as inflation increases. The idea behind […]

What happens if I am injured in a hit and run?

A “hit and run” involves one or more drivers leaving the scene of an accident without providing their name and address. It is a crime in Canada to commit a hit and run. The punishment for this crime can be up to life in prison, depending on the circumstances and injuries to the parties involved. […]

Contingency Fees and Your Personal Injury Case.

  It is common in British Columbia for lawyers to provide legal services in personal injury cases in exchange for a contingency fee. A contingency fee is a percentage of the amount a case settles for. In British Columbia, the law society has set a maximum that lawyers are allowed to charge in personal injury […]

What are the advantages of contacting a lawyer early?

If you have been injured in a car accident, there are multiple ways that contacting a lawyer early can be helpful. Firstly, a lawyer can help you prepare a statement that will not hurt your case when you are trying to settle it later. ICBC will generally not provide you any funds or treatment until […]

Can ICBC force me to go to a medical examination?

  If you are making a claim for an injury and the other party is covered by ICBC’s insurance, ICBC probably can force you to go to a medical examination. The courts ruled on a similar issue recently. They not only allowed ICBC to have one medical examination but a second medical examination of the injured […]

Injured in a car accident? Can’t work? What are you options for payments from ICBC and other sources.

  ICBC may have an obligation to pay you for lost wages if you are injured in a motor vehicle accident. There, however, are a few catches: 1) Firstly ICBC is a secondary insurer. What this means is that if you have another source of income, such as extended health or employment insurance coverage, you have […]

ICBC accidents and partial disabilities.

  Today the Supreme Court of British Columbia provided reasons for an award in excess of $1,000.000.00 for compensation for injuries sustained in a motor vehicle accident. http://www.courts.gov.bc.ca/jdb-txt/SC/14/15/2014BCSC1528.htm The bulk of this award was for “Loss of Earning Capacity”, which is the loss of the ability to earn income in the future. In this particular […]

Should I sue my friends?

  A lot of clients express concern about the effect their potential claim will have on their friends’ and family members’ insurance. The fact of the matter is that a personal injury lawsuit often has no effect on a driver’s insurance rates once they have already been found at fault for an accident.  While any […]