When negotiating with ICBC there is always a temptation to settle a case as soon as possible. A recent Supreme Court of British Columbia case illustrates why this can be a huge mistake: http://www.courts.gov.bc.ca/jdb-txt/SC/15/15/2015BCSC1532.htm Here, a plaintiff initially suffered what were described as “typical” soft-tissue injuries. Over time, however, these injuries progressed into something […]
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Regardless of what your dispute is, the decision about whether or not to bring a lawsuit should not be taken lightly. There are a number of factors you should take into account before filing a lawsuit. Firstly, you should look at what you actually stand to gain from the lawsuit. There are many reasons to […]
http://www.cbc.ca/news/canada/british-columbia/icbc-s-most-bizarre-insurance-scams-of-2014-1.2936587 The temptation to scam an insurance corporation can be strong, as the potential payout can be large. Keep in mind that fraud is not only illegal, but it also has strong consequences in the insurance and legal world. It can be a reason for an insurance company to breach your insurance, which could […]
Although violating a speed limit is likely to get you a large ticket (and potentially other penalties), compliance with speed limits alone will not dictate who is at fault for an accident. It seems intuitive that relying on the posted speed limit to dictate how fast you travel should be a valid defence, but this […]
When choosing to go ahead with a personal injury case you should always consider the consequences of losing. In this recent Supreme Court of British Columbia case, the plaintiff was found to be 100% at fault for the accident (which involved a bicycle striking a truck). The Plaintiff was assessed court costs against him: […]
The simple answer is yes. The courts have ruled conclusively on this issue: http://www.canlii.org/en/bc/bcsc/doc/1993/1993canlii1318/1993canlii1318.html ” I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in […]
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. […]
http://www.vancouversun.com/news/ICBC+applies+hike+fees+cent+come+November+updated/10150385/story.html To be clear, when ICBC refers to legal costs, they are referring to their own legal costs. Not legal costs incurred by injured parties to pursue their own personal injury claims. Those lawyer’s fees typically come out of the settlement. The article above states that the number of claims has increased by 2000 […]
http://www.cbc.ca/news/health/headbanging-s-risks-include-rare-brain-injury-1.2695576 This article from the CBC illustrates just how easily a brain injury can occur. In a reality is stranger than fiction story, a heavy metal music fan ended up with serious brain injury after engaging too enthusiastically in “headbanging”. According to the article, this is one of three confirmed cases where a brain […]
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