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Personal Injury & Litigation Law
You had an accident, what should you do
next?
DO THE FOLLOWING:
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Exchange information with the other driver;
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If the driver is an out of Province driver, it is important to
obtain information on the other driver’s insurance company and
policy no.
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Obtain the name and phone numbers of witnesses to the accident;
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Write out a thorough statement of everything that happened in the
accident. Where you were coming from, going to, weather, lighting
and road conditions, other traffic in the area, how did you first
become aware that you would be hit? Did you body hit any part of the
vehicle?
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Notify ICBC of the accident;
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Go back and photograph the accident scene. Take photographs of the
visible injuries that you sustained in the accident. You should seek
prompt medical attention and following the advice of your
caregivers, doctors, chiropractor and physiotherapist. Keep copies
of all documents and medical bills, invoices relating to the
accident. You should summarize the injuries sustained and pain felt
on a weekly basis.
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Keep copies of all reports, receipts, statements and any other
documents related to the accident.
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See your doctor as soon as possible and follow his or her
treatment recommendations.
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Call Alexander Atkinson for a free consultation on the ICBC
process and deadlines.
ABSOLUTELY DO NOT DO THE FOLLOWING:
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Sign anything or give a statement before consulting a lawyer;
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Admit liability to any part of the accident;
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Ignore signs of pain or postpone seeing your doctor.
Do I have a valid Claim?
You must be able to answer "Yes" to the following:
Was someone else at fault?
Did the accident cause your injuries?
Was your injury caused in the last two years?
Was someone else at fault?
Proving fault mainly involves showing that your injuries could have
been avoided, but for the actions of the other party. Examples are:
A car accident where the other party went through a red light.
Slipping and falling because the pavement was unsafe.
A car accident where the other driver rear-ends you.
Did your accident cause your injuries?
Usually there is no problem in linking the accident to your
injuries. However, in some cases problems may arise, such as:
You injured your back in a motor vehicle accident but you had
preexisting back problems. The lawyer has to analyze whether the
accident was a contributing cause of your injuries.
Was your Motor Vehicle Accident Injury caused in the last 2 years?
Although there are exceptions, the law states injuries arising out
of a motor vehicle accident to claim compensation you have to:
Start a court action within 2 years from the date of the accident
and if you do not you cannot make a claim as it is barred by law.
Unfortunately, some people are unable to receive compensation for
their injuries as one or more of the factors mentioned above are
missing.
How much compensation can I receive?
How your claim is valued
Your personal injury claim is composed of two parts:
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General Damages (for your pain and suffering), and
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Special Damages (for your loss of earnings and other financial
losses).
General Damages:
These are estimated by comparing your injuries with the amounts
offered to other claimants with similar injuries in previous cases.
After obtaining and reviewing the medical reports on your injuries,
I can then use this as a basis on which to compare your injuries
with previous awards.
Special Damages:
The calculation will include, where relevant:
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Your loss of earnings, past and future
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Medical expenses;
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Travel expenses;
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Care expenses,
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Damage to Property;
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Loss of Consortium.
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Contributory Negligence:
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The other side will only be required
to compensate you to the extent that they were at fault. In a
nutshell, if you were 50% to blame for your injuries, then your
award would be reduced by 50%.
I cannot afford a lawyer, what can I do?
If your case has a reasonable chance of success, I will take your
case on a contingency fee basis meaning you do not pay any fees up
front. My fees will be deferred and payable at the time you receive
your settlement based upon a % of your settlement obtained
(Contingency Fee).
I am concerned about the lost time and stress of going to court?
I will negotiate a fair settlement of your case by drafting a
detailed settlement proposal to ICBC. If this does not reach
settlement then we will enter into Mediation to have the matter
resolved. Most people are in fact nervous about appearing in court
or taking the time off to attend a trial. However, one must consider
the following fact that the vast majority of ICBC claims arising
from motor vehicle accidents in British Columbia (BC) reach an out
of court settlement.
ICBC has presented me with a Settlement Offer, what do I do?
I would be delighted to sit down with you for a free consultation. I
would review your case and medical file and give you my opinion as
to whether the proposed offer of settlement is fair and reasonable.
I have been injured in the Province of Alberta, can you assist me?
If you have suffered a serious accident in Alberta, I can assist you
either by handling the case myself or by referring you to lawyers in
that Province that can provide assistance. I have experience in
processing Personal Injury claims in that Province.
I have been injured while traveling in the United States, can you
help me?
Yes, we can assist and determine what benefits you are entitled to.
We can also arrange to ensure competent counsel is retained in the
US to handle your claim.
PLEASE NOTE:
If you have been involved in an accident of any kind, it is
important to obtain legal advice as soon as possible as limitation
dates will apply which could bar a claim, if a claim is not filed
within a specified period of time.
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