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What is a personal
injury? |
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| A personal
injury is any physical or mental injury to a person as a result of someone's
negligence or harmful act. Many insurance companies refer to personal injury as
bodily injury. |
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Are motor vehicle
accidents the only type of personal injury? |
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| No. Motor
vehicle accidents are the most common type of personal injury recognized by the
general public. Along with motor vehicle accidents, personal injury law also
includes, but is not limited to, events such as home accidents, boat accidents,
airplane crashes, dog bites, defective products, failure to provide adequate
security and malpractice. |
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What should I do after
I've been in a motor vehicle accident? |
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Download our
Motor Vehicle Accident &
Injury Report form, which can be found in the Resource Library section of this website. Print and
review the contents of this form. Then place the form in the glove box of your
vehicle. Refer to this form, should you be involved in a motor vehicle
accident.
We also recommend the following:
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The most important
thing is to get well - see your doctor and follow your doctor's orders. |
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Do not discuss the
accident with anyone other than your lawyer. |
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Do not give a
statement to ICBC or the other driver. What you say may be used against
you. |
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If an insurance
adjuster calls you, instruct them to call your lawyer. |
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Immediately call a
lawyer to discuss your claim. Your initial consulation with us is free. |
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What are damages? |
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| Damages are any
loses or expenses you incurred as a result of the accident, plus an amount for
pain and suffering. |
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What monetary recovery is
permitted in a personal injury claim? |
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| Personal injury
victims are entitled to recover money damages for all losses and reasonable
expenses they incur as a result of an accident. |
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How do I know if I have a
personal injury claim? |
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Whether a
personal injury claim [a "tort"] exists is a matter of law. There are four
elements to a "tort" claim:
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The "at-fault" person
is under a duty to do or not to do something; |
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The "at-fault" person
breaches that duty; |
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You have suffered
damages; and |
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Your damages are the
result of the "at-fault" person's actions. |
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Do all personal injury
claims go to trial? |
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| No. In fact,
most personal injury claims are settled with ICBC or the insurance company for
the "at-fault" party. |
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Will ICBC pay for my
medical expenses? |
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| Some of your
medical expenses will be covered under ICBC Part 7 medical benefits, as
governed by the regulations to the Insurance Motor Vehicle Act. Unfortunately,
like MSP, not all medical treatments are covered under Part 7 benefits. Medical
expenses that are not covered under Part 7 are generally recoverable when your
claim is settled or at trial. |
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If I can't work, can I
file for Employment Insurance benefits even though litigation is pending? |
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| Yes, you can
file for Employment Insurace benefits with pending litigation. |
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Will ICBC pay for my lost
wages while I recover? |
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| A portion of
your lost wages, to a maximum of approximately $1,300 per month, are covered by
ICBC under your Part 7 wage loss benefits, as governed by the regulations to
the Insurance Motor Vehicle Act. |
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What if I'm "sore" but not
seriously "injured"? |
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| If you are
"sore", you have probably sustained an injury. Consult your doctor as soon as
possible following the accident. If you simply "tough-it-out" and do not see
your doctor, you give the insurance company the ability to deny that you were
injured in the accident. |
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Do adjusters only believe
my injuries if I go to a medical doctor [MD]? |
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| Unfortunately,
there are adjusters who view chiropractors, acupuncturists and other
alternative health care professionals in a less favorable light than MD's. If
you seek medical attention from an alternative health care provider, ensure
that you also continue to see your MD on a regular basis. |
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I am a working person; how
can I afford to retain a lawyer? |
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| In personal
injury cases, we accept cases on a contingent fee basis. |
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What is a contingent
fee? |
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| The lawyer's
fee is contingent upon the successful resolution of your case. This type of fee
is often referred to as: "No fee unless you win". However, the client is
generally responsible for the "out-of-pocket" costs of litigation. A contingent
fee is paid as a percentage of your monetary recovery [either settlement or
court award]. |
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What percent is the
contingent fee? |
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| Our normal fee
in personal injury cases is between 25% and 30%. The fee arrangement will
depend upon a number of factors, including the nature and complexity of the
case, whether liability is in dispute and whether the case is settled before or
after a procedure called Examinations for Discovery. Your lawyer will provide
you with a contingent fee agreement which explains our fees and
disbursements. |
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How long will it take to
settle my claim? |
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| There is no set
answer. All cases are different. The more complex the case is, the longer it
takes to settle. The more substantial your injuries, the longer it will take.
The more money there is at stake for the insurance company, the longer it will
take. It is not unusual for complex injury cases to take several years to
settle or to proceed to trial. |
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What is the value of my
claim? |
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| Until all the
information on your injuries is available and all the facts of your case are
known, the value of your claim is unknown. |
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Can I make the insurance
company buy me a new car? |
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| No. Although,
it certainly seems very fair. Even if your vehicle is "totaled", you will
likely only receive the assessed value of your car based on the make, model,
year and condition of your vehicle. You may be able to claim for extra
equipment, if you have receipts. The duty of the insurance company for the
"at-fault" driver is to put you back in the position you were in immediately
before the accident. You are entitled to have your car repaired to its
pre-accident condition or receive its "fair market value". |
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When is a car considered
"totaled"? |
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| A car is
considered a "total" loss if it will cost more to fix it than its "fair market
value". |
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What if my car is
"totaled"? |
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| If you have
been offered a fair and reasonable price, accept it, find a new car and get on
with your life. If you are not satisfied with ICBC's offer, you must prove to
the adjuster that your car deserves a higher valuation. You may obtain prices
of similar cars from your local newspaper or car dealerships. You may also
document the value of your car by researching your car's price in an appraisal
guide or by checking the price of your car on the Internet. You may also hire
an independent appraiser to value your car. |
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What if the "at-fault"
driver does not have insurance? |
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| You file your
claim against your insurance company under your Uninsured Motorist [UM]
coverage. For all practical purposes, your insurance company becomes the
"at-fault" driver's liability carrier. At that time, think of your insurance
company as the "at-fault" driver's company, because it will process your claim
like it is the "at-fault" driver's company. |
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What if the "at-fault"
driver does not have "enough" insurance? |
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| If you have a
claim that is larger than the coverage on the "at-fault" driver's insurance
policy, your claim is with your insurance company under your Underinsured
Motorist [UM or UIM] coverage. |
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What is a "Release"? |
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| If you settle
your claim without proceeding to trial, you will be required to sign a
"Release", which will state that your settlement is a complete, final and
irrevocable settlement and disposition of any and all claims, rights or demands
or causes of action, known or unknown, which you may have as a result of your
accident [Note: Both spouses are generally required to sign when the injured
party is married]. This means that you will no longer have any claim against
the "at-fault" driver, or any potential defendant, or their insurance company
as a result of the settlement. |
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What if the accident is
partly my fault? |
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| If an action of
yours [e.g. driving over the speed limit] contributed to the accident, or you
were not wearing your seat belt, you may be found to be partly at fault for the
accident. The amount you would normally recover in damages will be reduced by
the amount you are found to be at fault or contributorily negligent for your
own damages. In practice, the degree of your responsibility for the accident is
a matter of negotiation with the insurance adjuster. |
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Can I recover if I have a
"pre-existing condition"? |
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| Yes. The fact
that you have a "pre-existing condition" will not prohibit you from recovering
from the "at-fault" driver. Your "pre-existing condition" is merely a factor to
be considered in resolving your claim. The question is whether the "at-fault"
driver aggravated your "pre-existing condition". The "at-fault" driver takes
you in whatever condition you are at the time of the accident. The fact that
someone else would not have been injured is irrelevant. A person in a weakened
condition may actually recover more than an extremely fit person would recover
in the same accident. |
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What is an "Examination
for Discovery", and what is its purpose? |
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| An Examination
for Discovery allows both parties to "discover" information in the case. The
purpose is to narrow the basis of the complaint and to eliminate surprises to
both parties. |
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Will I end up at
trial? |
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| Only about 25%
of all personal injury cases end in a court; most will settle. |
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What does pain and
suffering include? |
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| This would
generally be money awarded over and above medical costs, out-of-pocket expenses
and lost wages. |
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What is negligence? |
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| A failure to
act reasonably in a situation. Doing something carelessly or failing to do
something [e.g. driving without your headlights on]. |
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What is contributory
negligence? |
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| A defense to
negligence stating that the plaintiff's negligence contributed to their
injuries. |
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How is negligence
determined? |
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Negligence does
not simply mean doing something wrong. All of the following elements must exist
for an act to be considered negligent:
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Lack of reasonable
care; |
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Breach of duty; |
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Injury to the
victim; |
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Forseeability [i.e.
knowing an act would occur based on the circumstances]; and |
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Damages. |
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What is wrongful
death? |
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| Laws that give
survivors a cause of action against someone who's negligence resulted in the
victim's death. |
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I fell in a puddle of
water at the grocery store. I can sue and win a lot of money, right? |
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| Not
necessarily. You must first prove the grocery store either created the
hazardous situation or had previous knowledge of it. If you can prove both
these things, the amount of your "award" will be directly related to your
injury, medical costs and loss of income. |
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I didn't have any medical
expenses or lost income when I fell in the store; can I still collect a
settlement? |
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| This is a
common misconception. If you did not suffer an injury or incur financial
losses, chances are slim that you'll collect any monetary award. |
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I was burned by a curling
iron; can I sue the manufacturer? |
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This would be a
products liability case, and you may be able to sue. But know that although the
manufacture is responsible for defective products, the following will be
considered in your case:
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Was the defect
unreasonably dangerous? |
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The seller, where you
bought the curling iron from, must be in the business of selling that
particular product; |
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The item must not
have been substantially changed between the time it left the seller to the time
the user had it; |
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The defect directly
caused the injury; and |
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The product was used
properly. |
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