Vancouver BC Personal Injury Lawyers - Stephens and Holman

Friday, June 15, 2012

What is Personal Injury Law?

Personal injury law can apply to a wide range of circumstances, but its foundation is simple: If you suffered injury due to the negligent or deliberately harmful act of another, you may be able to pursue a civil claim in an attempt to recover compensation for related damages.

Most personal injury claims relate to motor vehicle collisions including:

Automobile accidents
Motorcycle accidents
Truck accidents
Bus accidents
SUV rollovers

However, personal injury cases also commonly relate to:

Pedestrian accidents
Dangerous premises
Defective products
Bicycle accidents
Boat accidents
Airplane accidents

Depending on the circumstances of your injury, you may be entitled to seek financial compensation for related property damage, medical expenses including rehabilitation, lost wages, and pain and suffering. Because there are time limitations and other requirements surrounding injury claims, it is recommended to discuss your situation with an experienced injury lawyer as soon as possible following the incident that caused your injury.

For the answers to common questions about injury claims, please see our Frequently Asked Questions page.

If you or a family member were injured due to someone else’s negligence, please contact the Vancouver personal injury lawyers at Stephens & Holman for your no-cost, no-obligation consultation.

posted by Admin at 7:34 AM

Tuesday, June 12, 2012

Determining Fault in a Car Accident

If you are involved in a car accident in British Columbia, the Insurance Corporation of British Columbia (ICBC) will investigate the circumstances of the collision and assess fault based on the Fault Determination Rules outlined in the Insurance Act.

These guidelines establish common accident scenarios and, in conjunction with considering the standard rules of the road and previous court decisions regarding similar accidents, allow the ICBC to assign a percentage of fault from zero to 100 percent to each of the drivers involved.

These percentages will be used to determine financial responsibility for related property damage and injuries. It’s important to note that being assigned total or a majority of fault in a car accident does not necessarily mean that you will face fines or criminal charges.

If you were in a car accident that you believe was caused at least in part by the negligence of another driver, it’s advisable to consult with the Vancouver automobile accident attorneys at Stephens & Holman prior to making a statement to an ICBC adjuster. Our experienced lawyers can consider your individual circumstances, answer your car accident questions and recommend the best course of action.

Although you have the right to appeal the ICBC’s decision, discussing the collision with a knowledgeable car accident lawyer before you file a claim with the ICBC may help save you future frustration.

If you were injured in a car accident that you believe was the result of another driver’s negligence, please contact the Vancouver auto accident lawyers at Stephens & Holman for a free, no-obligation consultation.

posted by Admin at 7:31 AM

Friday, June 8, 2012

How Long do I Have to File a Personal Injury Claim?

The length of time you have to file a personal injury claim depends on a number of factors, including the circumstances of your injury and when your injury was discovered.

The deadlines to file claims are outlined in the British Columbia Limitations Act. Although the Limitations Act stipulates that you generally have two years from the date you suffered personal injury to file a civil claim, there are additional requirements based on where, when and how your injury occurred.

If, for example, you were injured in an accident caused by dangerous premises that also happened to be municipal property, you must provide notice to the appropriate municipality or city within 10 business days. Once you have given notice, you still have two years from the date of the incident to file a civil claim.

In motor vehicle accidents, you must return an accident benefits form to the Insurance Corporation of British Columbia (ICBC) within 90 days of the accident or you may lose your right to claim medical and wage-loss benefits. However, if a majority of fault for the accident was attributed to another driver, you can still pursue a civil claim within two years of the date of the collision.

If your injuries are not immediately evident, there are also provisions regarding deadlines associated with the date on which the injury was discovered or should have reasonably been discovered.

Regardless of the circumstances, if you are harmed due to the negligent or deliberate act of another, it is advisable to contact the Vancouver personal injury lawyers at Stephens & Holman as soon as possible following your injury for a free, no-obligation consultation.

posted by Admin at 7:29 AM

Monday, June 4, 2012

What if I’m Injured in a Car Accident that was Partly My Fault?

If you suffered injury in a car accident for which you were partly responsible, you may still be able to seek compensation for related property damage, medical expenses, lost wages, and pain and suffering.

Because fault assessment in collisions that involve multiple drivers and vehicles can be complex, it’s advisable to contact the experienced auto accident lawyers at Stephens & Holman as soon as possible following a crash and before you speak with an Insurance Corporation of British Columbia (ICBC) adjuster.

The ICBC assigns fault in car accidents using the Fault Determination Rules established in the Insurance Act. Using common accident scenarios, the ICBC will assign fault based on percentages from zero to 100 percent to each driver involved in the collision.

In circumstances in which fault is split, you may be entitled to payments from the insurance of the other driver or drivers, even if it is determined that you share a portion of fault.

Although you have the right to appeal if you disagree with the ICBC’s fault assessment, it is recommended to speak with a car accident lawyer before making any statements to an ICBC adjuster. A lawyer knowledgeable with personal injuries related to auto accidents can evaluate your individual circumstances and advise you on how to best proceed.

If you were injured in a traffic collision in British Columbia, please contact the Vancouver car accident lawyers at Stephens & Holman for a no-cost, no-obligation consultation.

posted by Admin at 7:27 AM

Friday, June 1, 2012

Truck and Auto Accidents Related to Snow and Ice

The seasonal snow and ice in Vancouver obviously have a significant impact on drivers’ abilities to slow down, stop, make turns and avoid obstacles. These inclement conditions can also affect your ability to pursue compensation if you are injured in a motor vehicle accident related to winter weather.

If you are a driver who was involved in a single-vehicle accident related to snowy or icy conditions, you may be able to claim no-fault benefits under Part 7 of the Insurance Act, which can include compensation for medical expenses, rehabilitation, lost wages and disability. Your right to seek monetary compensation for pain and suffering in addition to related damages arises only when someone else is at least partly at fault for your injuries.

If you were injured in a weather-related car or truck accident and another driver was at fault, you may be able to pursue a claim. However, collisions that involve snow or ice are often defended as inevitable or unavoidable accidents.

This means that if it can be established that the other driver or drivers were operating their vehicles safely under the conditions and could not have avoided losing control of their vehicles, your claim may be denied. On the other hand, if there were warnings about the presence of icy roads or otherwise dangerous driving conditions and the other driver or drivers did not reasonably adjust to these circumstances, they may be held responsible.

Because claims related to accidents that involve snow or black ice can be especially complex, it’s advisable to consult with an accident lawyer before you contact the Insurance Corporation of British Columbia (ICBC). A lawyer with experience handling weather-related accidents and challenging unavoidable accident defenses can recommend how to best proceed.

If you were injured in a collision related to snow or ice, please contact the Vancouver accident lawyers at Stephens & Holman for a free, no-obligation consultation before you talk to an ICBC adjuster.

posted by Admin at 7:25 AM

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