Personal Injury Lawyer in Vancouver and Victoria, British Columbia
Anthony Eden, Hart Legal’s Personal Injury Lawyer
We practice personal injury law in Vancouver and Victoria, BC. If you are the victim of a negligent act or omission you may be entitled to compensation for your damages.
The Insurance Corporation of British Columbia (ICBC) is the crown corporation charged with handling motor vehicle insurance in the province of British Columbia. If you are injured by a motorist who is insured in British Columbia, chances are that you will be dealing with ICBC. Some exceptions apply where out of province or excess insurers become involved, but nine times out of ten, ICBC is the insurer who handles bodily injury claims.
Our personal injury lawyer has experience in motor vehicle, pedestrian, bicycle, and motorcycle accidents. The damages suffered by the victim of a vehicle accident can be far-reaching and devastating.
Personal injury litigation can take years of fighting in the boardroom and courtroom. A good personal injury lawyer will take out the stress and uncertainty of personal injury litigation. We have the necessary courtroom and practical experience to achieve a great settlement for you or your loved ones and guide you through the difficult process of litigation.
WHAT TYPES OF DAMAGES MAY I BE ENTITLED TO?
Pain and Suffering
If you are injured as a result of the negligence of another, you will likely be entitled to pain and suffering or non-pecuniary damages. These damages are based on a history of case law, or precedents, which have developed in our court system over many years.
Currently, the Supreme Court of Canada has capped pain and suffering damages at approximately $360,000. These damages would be for the worst injuries imaginable. All other injuries are scaled down accordingly, depending on the precise situations of the injured individual.
Of course, ICBC or any other insurance company will want to limit their losses and pay as little as possible. Knowledge of the law and experience is crucial in advocating for an appropriate pain and suffering damage settlement or award. We can guide you through the process and take away much of the uncertainty involved, including enlisting the proper experts and professionals to prove your case.
Any wage loss or income loss flowing from a defendant’s negligent actions is compensable under the law, including past and future wage loss. However, the amount of recovery is a constant source of disagreement between those injured and the insurance companies who defend injury claims.
In any claim for negligence there is a duty to mitigate one's losses. This means that victims of a motor vehicle accident must try their hardest to return to work if they can. Employing the appropriate professionals, including doctors, accountants, occupational and vocational specialists, is of the utmost importance with claims involving significant wage or income loss.
In many cases, despite best efforts, injured persons cannot return to work or do return, but in a limited or compromised capacity. If your future plans were thwarted because of the motor vehicle accident, you may have a claim for future wage loss or loss of capacity. Given there is an element of “crystal ball gazing” involved in any potential settlement or award for future wage loss, having a good personal injury lawyer is especially key in these types of scenarios.
Loss of Housekeeping Capacity
The law has recently evolved in this area to include a separate head of damage for a percentage of the population who do not necessarily earn wages but contribute to their household in other ways. The courts are understanding in the sense that they realize there is a significant value to a “stay at home” mother or father. If someone is deprived of their ability to look after their home following an accident, which was caused by another, they should be entitled to compensation for that loss.
Special damages are out of pocket expenses such as costs for treatment, medication, or therapy. Keeping track of these ongoing receipts can be time-consuming. We employ a team of legal assistants to help with organizing your personal injury file so you don’t have to.
In many cases, injuries caused by the negligence of another can leave life-long injury and the need for ongoing treatment. We routinely advocate for clients who are in need of ongoing treatment, with much success. Such a claim can involve elongated physiotherapy, massage therapy, housekeeping services, or counseling. Dealing with the appropriate medical professionals is key. We routinely deal with the appropriate health care professionals necessary to advance this type of claim.
In certain circumstances, a loved one or friend may be entitled to an in-trust claim for services rendered to you while you were unable to perform household tasks. This is somewhat related to loss of housekeeping but is actually a separate head of damage. Such a claim is rarely successful in the courts, but we have experience in prosecuting this type of claim when it presents itself.
Until recently, ICBC has been very reluctant to pay anything for loss caused by depreciation on a vehicle damaged in a motor vehicle accident. However, recent changes in technology and the availability of records to prove such a loss has started to change ICBC’s mind on accelerated depreciation claims. We routinely deal with the appropriate experts in the area and have successfully settled many accelerated depreciation claims in conjunction with personal injury claims.
We have a demonstrated track record of standing up to fight for our clients in court. Here are some examples:
Terezakis v. Ekins, 2018 BCSC 249
McCarthy v. McCarthy, 2017 BCSC 1047
Ciarniello v. James, 2015 BCSC 2148
Ciarniello v. James, 2016 BCSC 1699
Sharma v. Sharma Estate, 2016 BCSC 1397
Tomlinson Estate (Re), 2016 BCSC 1223
George v. Doe, 2015 BCSC 442
Korpa v. Co-operators Life Insurance Company, 2014 BCSC 2246