Vancouver BC Personal Injury Lawyers - Stephens and Holman

Who is Entitled to Benefits if There is a Fatality?

2011-04-30T09:32:00.000-07:00

If you, your spouse, or your children die in a car accident in British Columbia, the surviving family members are entitled to payment of certain benefits from ICBC. Besides funeral expenses, which are covered up to $2,500, the payments vary according to who has passed away.

If a parent is killed who was considered the “head of household,” the spouse would receive a lump sum from ICBC, along with a weekly amount paid over the course of 104 weeks. Each child in the household would receive similar compensation, paid to their Public Guardian and Trustee. If a child is killed, the surviving adults would each receive a lump sum, but no weekly payments. Common-law partners must have lived together for at least two years before they have a right to these benefits.

You and your family may be entitled to further survivor benefits if another insurer was involved in the collision.

If another person was responsible for the accident causing the fatality, then there may be a claim for dependents’ economic loss under the Family Compensation Act of British Columbia.

No one is ever prepared for a fatality; the consequences for those left behind are always devastating. While money can’t replace the loss, the last thing you should be worrying about in the wake of a family member’s death is an insurer minimizing your payout.

If one of your loved ones has been killed in a car accident in British Columbia, please contact the experienced ICBC settlement attorneys at Stephens & Holman today for a free consultation.

What if the Other Driver is Uninsured?

2011-04-29T09:27:00.000-07:00

The ICBC’s Basic Autoplan includes Underinisured Motorist Protection (UMP), which protects you in a car accident where the at-fault driver either doesn’t have enough coverage to pay for your damages, or isn’t insured at all. UMP covers Autoplan motorists for up to $1 million toward the costs of an accident claim.

ICBC also offers Excess Underinsured Motorist Protection coverage, which increases your maximum coverage to $2 million.

However, there are limitations to UMP. You will not be covered if

You are driving without the vehicle owner’s permission
You are riding in an unlicensed vehicle
You are riding in a vehicle that is exempt from Autoplan insurance
You take legal action (without ICBC’s written agreement) against a person/organization that may be liable to you for injury or death
Your accident occurs in a state or province where the law does not allow you to sue and recover damages for injury or death in an accident

Being aware of your rights and insurance benefits after an accident is paramount in order to obtain proper compensation from ICBC. Hiring an auto insurance lawyer who is well-versed in BC law and ICBC practices can ensure that you do not walk away from an accident with less than you deserve.

If you were recently involved in a car accident where the other driver was uninsured, please contact the experienced BC auto insurance lawyers at Stephens & Holman today for a free consultation.

How Can ICBC Affect My Claim?

2011-04-29T09:23:00.000-07:00

While it’s important not to villainize every employee at a major corporation, the unfortunate truth is that ICBC insurance adjusters are paid to minimize your claim payout. Their job performance is partly determined by how little they spend on car accident claims. Though an adjuster may tell you that they’re working for you, they are primarily working for the company – and like any company dealing with thousands of daily transactions, ICBC is always looking to reduce costs on its own end.

After you file a claim, ICBC will arrange for you to meet in person with an adjuster. This meeting is not mandatory; in fact, it can often have a negative effect on your claim, since the meeting is used by adjusters to glean specific information from you that can reduce the amount of your payout. This is especially true for personal injury claims.

Instead of a face-to-face meeting, you can provide a handwritten statement to the adjuster detailing the car accident and any injures that occurred. This is your only obligation. Your statement can be brief, merely containing your name, a sentence about the accident, and a few words about the injuries incurred. At all times, be aware that your statement could be used against you in a lawsuit. Do not omit any important facts, but do not disclose too much.

Dealing with ICBC can be an intimidating and often confusing process. In the middle of a crisis, many people are unprepared for the different tactics ICBC uses to minimize their compensation.

If you live in the Greater Vancouver, British Columbia area and need to file a claim with ICBC, please contact the experienced ICBC settlements and claims lawyers at Stephens & Holman for a free consultation before you discuss your motor vehicle accident with an ICBC adjuster.

What is ICBC?

2011-04-28T09:10:00.000-07:00

Created in 1973 by the British Columbian government, the Insurance Corporation of British Columbia (ICBC) provides universal car insurance to all B.C. motorists. Every driver in British Columbia is required to purchase a basic “Autoplan” through an ICBC broker, which covers up to $150,000 in medical and rehabilitation expenses, and $200,000 in third party liability.

When it was first established, ICBC monopolized auto insurance in the province of British Columbia. However, in recent years, the government has allowed private insurance firms to offer additional coverage plans for collision, extended liability, and more. In order to compete with these private firms, ICBC offers extended coverage plans of it is own, with many of the same benefits.

Filing a claim with ICBC can be complex. Many motorists experience frustration dealing with insurance adjusters who are trained by ICBC to reduce the payout on their car accident claims. Because both vehicle repairs and medical examinations are generally done through ICBC, the objectivity of these assessments is often in question. More and more people are turning to lawyers to help them protect their rights and secure the maximum recovery amount during the ICBC claim process.

If you live in the Greater Vancouver, British Columbia area and have been injured in a motor vehicle accident, make sure you get the compensation you deserve. Please contact the experienced ICBC settlements and claims lawyers at Stephens & Holman today for a free one-on-one consultation.

Why Do I Need a Car Accident Lawyer?

2011-04-27T09:05:00.000-07:00

While you don’t need a car accident lawyer to seek accident benefits from ICBC, it is strongly recommended because of the complex nature of the ICBC claims process. Insurance adjusters at ICBC are always looking for ways to reduce large claim payouts for car accidents. Generally, the more serious your injuries, the more important it is for you to seek legal advice from an experienced British Columbia personal injury lawyer in order to protect your rights and get the compensation you deserve.

ICBC adjusters are sophisticated negotiators who know the claims process inside and out. They are acting in ICBC’s best interest, not yours. An adjuster’s performance is graded on how much they spend per claim. The lower the allocated expenses are for their files, the higher an adjuster is ranked among their peers.

When you meet with an ICBC adjuster, you may not realize that many of the questions they ask are designed to elicit a statement from you that can be held against you in court, or otherwise used to minimize your claim. Without knowing what to expect, you are putting your claim at risk, and you may not get the financial support you need to make a proper recovery.
Hiring an lawyer does not mean you have to go to court. Less than 1% of all ICBC claims end up in the courtroom. Having an experienced car accident lawyer on your side simply means that you are prepared for the various tactics ICBC will use against you, and can rest assured that your rights are being protected.

If you have been injured in a car accident in British Columbia, please contact the experienced Vancouver motor vehicle accident lawyers at Stephens & Holman today to schedule your initial consultation.

After a Car Accident: Can I Use My Own Doctor?

2011-04-26T09:03:00.000-07:00

If you make a claim for accident benefits with ICBC, they have the right to select one of their own doctors to assess your injuries. This is in accordance with Section 99 of the Regulations of the Insurance (Vehicle) Act, which states:

An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.
The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.

If your claim is more than a straightforward personal injury matter, ICBC may well require you to see one of their doctors. Generally, ICBC uses doctors who are more conservative and who will provide reports that downplay your injuries.

For example, a common type of doctor used by ICBC to assess physical injuries is an orthopedic surgeon, because of their tendency to focus on clear, objective signs of injury. If no objective signs of injury are found by the doctor, he or she will predict full recovery within a specified timeframe. Because of this doctor’s report, your entitlement to accident benefits or compensation could be limited, since ICBC can use the doctor’s medical opinion to argue that your damages are less than what you claim.

If you have been injured in a motor vehicle accident in British Columbia, be sure you know exactly how to approach your appointment with an ICBC doctor. Contact the experienced car accident lawyers at Stephens & Holman today to protect your right to fair compensation.

The Dos and Don’ts After a Car Accident

2011-04-25T08:59:00.000-07:00

Car accidents can happen in the blink of an eye. One moment, you’re in the middle of another boring commute, and in the next you’re reeling from impact and wondering what happened. In the aftermath of a car accident, it’s easy to forget the steps you need to take in order to protect your rights and gather all the necessary information for your insurance claim.

Below are a few important DOs and DON’Ts to remember following a motor vehicle accident.

DO:

Obtain the names, addresses, phone numbers, and driver’s license numbers of all drivers involved in the accident, regardless of who is at fault.
Obtain the insurance details and registered owner names for all involved vehicles.
Obtain the plate numbers (including province) of all involved vehicles.
Obtain the contact information of any witnesses.
Take pictures of the accident scene.

DON’T:

Leave the scene without exchanging information. This could be construed as a criminal act and might qualify the accident as a “hit-and-run.”
Move an injured person. Wait for trained medical professionals to arrive at the scene.
Apologize. Your statements at the scene of the accident can be used against you.
Speak with others. Apart from asking for contact information from the other involved parties, it’s better not to discuss the accident itself. What you say could be used against you later.

Canadian vehicle accident laws are complex. When the time comes to file your claim with ICBC, it’s best to seek out the assistance of an experienced car accident lawyer who is familiar with how the ICBC claim process works. Like any insurance company, ICBC will seek to reduce your claim payout, and you should be prepared for the different tactics they might employ.

If you have been injured in a car accident in British Columbia, make sure you are getting the compensation you deserve. Please contact the experienced Vancouver car accident lawyers at Stephens & Holman today to schedule your free consultation.

Lump sum vs structured settlements for personal injury claim settlements

2010-12-22T07:34:00.000-08:00

The vast majority of personal injury claims are settled for a single lump sum payment but there are situations in which it is more appropriate to have the funds paid out over a period of time.

For instance, when there are devastating injuries that result in an ongoing disability preventing the injured party from obtaining gainful employment, we generally will encourage the client to set up a structured settlement in order to protect the client against depletion of the settlement funds. There is great flexibility as to the terms of the structure. Often there will be an initial lump sum payment followed by a stream of monthly payments. Payments can be a fixed monthly amount or indexed over time to allow for inflation. The monthly payments can continue until the client reaches 65 years of age or continue for the client’s entire lifetime. They could also continue for a fixed number of years and be made payable to the client’s dependants or heirs should the client pass away during that time.

In addition, there is a significant tax advantage to be gained by entering into a structured settlement because the periodic payments are not taxable as they are not considered to be income.

In appropriate cases Stephens & Holman will arrange for the very best structure for our clients in order to protect their future.

What elements must be proven in a wrongful death?

2010-10-15T15:39:00.000-07:00

If you are filing a wrongful death lawsuit, there are several elements that must be proven before you can receive the compensation you are entitled to as the surviving family of the deceased. In order to file a wrongful death lawsuit, you must first prove that you are the surviving family and are entitled to compensation.

In order to file a wrongful death lawsuit, you must be one of the following:

A child or a stepchild and the deceased acted as your parent
A parent of the deceased or a stepparent or grandparent
A spouse married to the deceased at the time the wrongful death occurred
Someone who lived with the deceased for over two years and had a marriage-like relationship with the deceased

The additional elements you must prove in a wrongful death case are:

The deceased was a human being
The death was caused by the malicious behavior, willful intent, intentional behavior, or negligent behavior of another
The surviving family incurred losses due to the result of the death
The death could have been prevented

To help you through this difficult time and to make sure you have all the elements needed to prove your wrongful death case, it is a good idea to have the experienced Vancouver, BC wrongful death lawyers at Stephens & Holman on your side. Our wrongful death lawyers will explain all the elements you need to prove and what the legal process is for your wrongful death case. They will also make sure that you file your lawsuit within the statute of limitations.

For more information about wrongful death cases and to schedule a free, no obligation consultation with our wrongful death lawyers in Vancouver, BC, please contact the law firm of Stephens & Holman. We help clients in British Columbia receive the compensation they deserve from their wrongful death cases.

Statutes of Limitation in Wrongful Death Cases

2010-10-14T15:36:00.000-07:00

The statute of limitations in wrongful death cases is two years. This is a short amount of time to give the surviving family to accept the death of their loved one, to grieve, to lay the loved one to rest, and to begin the legal process to file for the wrongful death case. Filing the wrongful death lawsuit after the expiration of the two years may leave the surviving family without the opportunity to recover entitled compensation and hold responsible the party who caused the wrongful death.

The Vancouver, BC, wrongful death lawyers at Stephens & Holman understand that this is a difficult time for their clients. They care about your loss and are here to protect your rights. They will take care of all the legal documentation needed to file your lawsuit and will make sure your lawsuit is filed with in the statute of limitations. Having Stephens & Holman on your side will give you the time you need to take care of your family and grieve without worrying about your wrongful death case.

To speak with one of our wrongful death lawyers in Vancouver, BC, in a free, no obligation consultation, please contact the law offices of Stephens & Holman today. Our wrongful death lawyers help clients recover compensation in Vancouver and all of British Columbia.

Who is Entitled to Benefits When a Loved One Dies Due to Someone Else’s Negligence or Wrongdoing?

2010-09-18T09:57:00.000-07:00

Losing a loved one due to the negligence or wrongdoing of another leaves the surviving family members with undescribed grief and emotional pain. Often times, the surviving family members are left without the financial support of the victim as well as the loss of his or her companionship.

You may be entitled to compensation for the wrongful death of a loved on if you are:

A child or a stepchild whom the deceased loved one stood as the parent
A parent, stepparent, or grandparent of the deceased
A spouse of the deceased who was married to the deceased at the time of death or lived with the deceased in a marriage-like relationship for at least two years

The Vancouver, BC wrongful death lawyers at Stephens & Holman can help you recover compensation for the unexpected loss of a loved one in a wrongful death case if you are entitled to benefits. The family who lost a loved one are entitled to the following types of compensation that will be measured in a dollar amount:

Pain and suffering
Loss of companionship
Lost wages
Lost financial support
Lost support to include household support, childcare services, and moral support

The dollar amount assigned to each of these types of wrongful death compensation depends on the role of the loved one in the family. The dollar amount may be more for someone who was the head of a household and who was responsible for the well-being of dependents such as children, stepchildren, and spouses.

For help with your wrongful death case and to make sure you and your family get the compensation you deserve, please contact our wrongful death lawyers in Vancouver, BC.

Punitive Damages and Wrongful Death Cases

2010-09-14T09:55:00.000-07:00

The emotional and financial loss of a loved one due to a wrongful death is devastating. There is no amount of compensation that can ease the grief and pain you experience. With the help of our Vancouver, BC wrongful death lawyers at Stephens & Holman, you can obtain compensatory and, possibly, punitive damages.

Punitive damages are awarded to the plaintiff in a wrongful death case if the defendant’s behavior was regarded as malicious, willful, or intentional. The plaintiff will receive all or most of the punitive damages awarded. The purpose of punitive damages is to compensate the plaintiff for pain and suffering and for the loss of the income of the victim.

You may be awarded punitive damages in a wrongful death case by a jury or a judge in order to:

1. Punish the defendant and discourage the continuation of similar behavior
2. To better compensate the plaintiff if the compensatory damages were deemed inadequate

To speak with a wrongful death lawyer in Vancouver, BC, please contact the law firm of Stephens & Holman today and schedule a free, no obligation consultation about your wrongful death case. We serve clients in Vancouver and all of British Columbia.

Statutes of Limitation and Auto Accidents

2010-09-07T17:23:00.000-07:00

If you have been involved in an auto accident in Vancouver, you only have a certain amount of time to file a lawsuit or claim against the at-fault driver. The time limit on filing a lawsuit is called the statute of limitations. Your lawsuit cannot be pursued and you lose the ability to make a claim if you do not file within the specified amount of time.

The statute of limitation for an auto accident is only two years. After the expiration of two years following the date of the auto accident, you cannot file a claim against the at-fault driver for damages in respect to a personal injury. To make sure you get the compensation you deserve and to ensure that your lawsuit is filed before the statute of limitations expires, please speak with the Vancouver, BC auto accident lawyers at Stephens & Holman.

Our auto accident lawyers in Vancouver are experienced and knowledgeable about the laws in British Columbia. We will make sure that you know and understand your rights and the necessary legal process needed to file your lawsuit. The laws governing how you make an auto accident claim can be confusing. You need our auto accident lawyers on your side so you will receive the compensation you need and deserve for your personal injuries and pain and suffering.

To schedule a free, no obligation consultation with our auto accident lawyers in Vancouver, please contact the law offices of Stephens & Holman today. Our auto accident lawyers serve clients in Vancouver and all over British Columbia.

Pain and Suffering and Auto Accidents

2010-09-06T17:20:00.000-07:00

You deserve compensation for pain and suffering from a personal injury caused by an auto accident. The compensation awarded to victims of auto accidents can vary depending on certain factors of the case as well as what area of British Columbia the accident occurred. Because pain and suffering is not visible, certain aspects of the injury must be proved to the jury in order to gain adequate compensation.

When determining the value of your pain and suffering, the jury will consider the following factors:

• Was the injured person’s actions the same as someone else with this injury?
• Did the injured person have preexisting injuries?
• What is the injured persons tolerance for pain?
• Did the injured person have to change or reduce daily activities?
• What is the credibility of the witnesses?
• What does the injured person do for a living?
• Is the injured person married or signal?
• What is the injured person’s family situation?
• How skilled is the injured person’s auto accident lawyer?

The Surrey auto accident lawyers at Stephens & Holman will help you get the compensation you deserve for your pain and suffering. Our experienced auto accident lawyers know what documentation needs to be prepared and what needs to be proved in order to show the jury how your personal injuries sustained in the auto accident affected your daily life.

If you have suffered an injury due to an auto accident and are searching for experienced legal representation, please contact our auto accidents lawyers. We serve clients in Surrey and all of British Columbia.

Cell Phone Usage Laws While Driving

2010-09-05T17:17:00.000-07:00

Talking for texting on a cell phone while driving will distract a driver of a vehicle no matter how much experience the driver has. To keep our Surrey, British Columbia streets safe and to avoid causing auto accidents, using a hand-held cell phone to talk and text while driving is illegal throughout British Columbia. Using a hands-free cell phone is permitted, however.

The cell phone law in British Columbia came into effect on January 1, 2010, with a warning period that lasted the entire month of January. During the first two months of enforcing the ban on cell phone use while driving, authorities issued approximately 715 tickets. A driver who is caught using a cell phone without a hands-free device or who is texting while driving will be issued a $167 ticket and up to three penalty points.

Though using a hands-free device is permitted in British Columbia, dialing a cell phone is very distracting and causes a driver to look away from the road for several moments. A cell phone that allows for voice dialing is much safer and will reduce or eliminate the risk of an auto accident in Surrey.

Unfortunately, many people in Surrey ignore this new law banning cell phone use while driving. Using a hand-held cell phone while driving has the potential to cause a serious auto accident. The Surrey auto accident lawyers at Stephens & Holman will help you with your case if you have been the victim in an auto accident caused by a driver who was distracted while using a cell phone.

Please contact Stephens & Holman today to schedule a free, no obligation consultation to discuss the details of your auto accident case. We serve clients in Surrey and all of British Columbia.

ICBC Claim Mistakes

2010-09-04T17:13:00.000-07:00

The Proper Documentation and Dates of Treatment are Not Prepared

You will have to speak with an ICBC adjuster about your previous medical problems and treatment you need for injuries sustained in the auto accident. The adjuster will ask you to sign a statement that he or she has prepared about your injuries and the accident. You can jeopardize your auto accident case and receive less compensation than you require if you are not properly prepared for your meeting with the insurance adjuster.

Having our British Columbia ICBC claims lawyers at Stephens & Holman on your side will ensure that you are prepared and that all the legal documentation is gathered and organized. Our ICBC claims lawyers will speak with the ICBC adjuster on your behalf to make sure your rights are protected.

You are Only Seen by an ICBC-Appointed Doctor and Not Your Physician

ICBC may request that you see an ICBC-appointed doctor to examine you for injuries. It is a good idea to contact our ICBC claims lawyers if you are asked to see one of their doctors. The medical reports their doctors put together may harm your claim. The doctors work for ICBC. You may not get a chance to see your medical evaluation. It is best to see your physician for an examination to get an unbiased evaluation of your injuries.

You Discontinue Receiving Treatment When ICBC Stops Funding the Treatment

ICBC may stop funding your treatment even though your physician deems that continued treatment is necessary. Speak with our British Columbia ICBC claims lawyers to learn about alternative means for funding your treatment.

To make sure there are no mistakes when you file your auto accident claim with ICBC, please contact our British Columbia ICBC claims lawyers at Stephens & Holman today to schedule a free, no obligation consultation.

Can i go to my own doctor or do i have to go to a certain doctor your firm uses?

2010-09-03T17:11:00.000-07:00

One of the most important actions you can take following an auto accident is to visit a doctor. Most times, victims of an auto accident do not notice any symptoms of an injury until the following day or sometimes even several days later, depending upon the nature of the injury. A doctor will discover any injuries you may have suffered as well as prescribe the necessary treatment to correct your injuries.

You can visit any family practice physician with whom you feel comfortable. Your physician will be qualified to examine you, and the records of your injuries will be imperative and instrumental in proving you were injured in the auto accident.

The law firm of Stephens & Holman does not use any particular doctor to examine our clients following auto accidents. If you do not have a family practice physician and would like a referral to a physician, our auto accident lawyers in Vancouver, BC can suggest a physician. However, you do not have to see any physician that you do not want to see. It is more important that you are examined and treated than it is which physician you see.

The auto accident lawyers at Stephens & Holman will meet with you and discuss your auto accident case in a free, no obligation consultation if you have any additional questions about auto accidents or would like more information on the legal process.

Filing an auto accident lawsuit to gain the compensation you need for your personal injuries and property damages can be confusing. Please contact the Vancouver, BC auto accident lawyers at Stephens & Holman today for help with your auto accident case.

What to do if the other driver is uninsured

2010-09-02T17:07:00.000-07:00

An auto accident is a devastating experience particularly if you or a loved one has suffered a personal injury. You will want compensation for any damages to your property and for medical expenses to get the treatments you need to recover from your injuries. We expect all British Columbia residents to have auto insurance especially since it is required by law. Unfortunately, some drivers neglect to own auto insurance.

The basic auto insurance plan provided by the ICBC is called the Autoplan. This plan offers coverage for hit-and-runs and uninsured motorist coverage on British Columbia roads. The ICBC will cover the loss of damages and your injuries even if you were not at fault and the other driver does not have auto insurance.

The Vancouver, BC auto insurance lawyers at Stephens & Holman can answer any questions you may have about what is covered in your auto insurance plan. They offer all British Columbia residents a free, no obligation consultation to discuss the legal process for an auto accident claim. Dealing with the ICBC can be extremely difficult. Our auto insurance lawyers are experienced and knowledgeable in dealing with the ICBC to get the deserved compensation for our clients.

If you have been in an auto accident in British Columbia, please contact the Vancouver, BC auto insurance lawyers at Stephens & Holman today to discuss your case. Do not let the ICBC or an uninsured driver take advantage of you.

What Steps to Take After an Auto Accident

2010-09-01T17:03:00.000-07:00

An auto accident can happen quickly causing you to feel confused and unsure of what steps to take. The auto accident lawyers at Stephens & Holman provide residents of Surrey, British Columbia with the following information about what to do if you are involved in an auto accident.

Seek Medical Attention

If you have been injured in the auto accident, make sure you are seen by emergency medical personnel. You may need to be sent to the hospital for medical attention depending on what type of injury you have suffered.

If you were not injured in the accident, visit your primary care physician within the few days following the accident. Some injuries do not surface until about 24 hours after the accident. Your primary care physician will notice any injuries that you may have incurred and will treat you accordingly. Having documentation about your injuries by your physician will help you in your auto accident case.

Contact the Authorities

The police will make a detailed, unbiased report of the accident that is important for your auto accident case. They will ask you and the other drivers involved questions about the accident. Make sure to cooperate with them and answer all of their questions. Do not admit fault for the accident. Admitting fault will make getting compensation for your injuries difficult.

Gather Necessary Information

It is important to gather as much information as possible about the other drivers involved and about any witnesses. Write down:

• Names
• Contact information
• License plate numbers
• Makes and models of the vehicles
• Insurance information

Contact Our Auto Accident Lawyers in Surrey

Our auto accident lawyers will explain the rights you have and help you gather and prepare the documentation needed to file your auto accident claim. Having an experienced auto accident lawyer on your side will make sure the ICBC does not take advantage of you. You will get the compensation you deserve for your injuries with our help.

If you have been involved in an auto accident in Surrey, British Columbia, please contact the law offices of Stephens & Holman today to schedule a free, no obligation consultation.

Dos and Don’ts at the Scene of an Auto Accident

2010-08-31T16:59:00.000-07:00

Being in an auto accident in Delta, British Columbia can be a scary and disorienting experience. You may not know what you should and should not do if you are involved in an auto accident. The auto accident lawyers at Stephens & Holman offer the following dos and don’ts to all British Columbia residents to help them know what to do at the scene of an auto accident.

What to Do at the Scene of an Auto Accident

The most important action you can take immediately following an auto accident is to see if everyone involved is all right and uninjured. If anyone has suffered a personal injury, contact the proper authorities and request that an emergency medical response team be dispatched.

If you are uninjured, visit your primary care physician as soon as you can. Your physician will notice if you have suffered any minor injuries that you may not notice right away. Some injuries do not appear until a few days after an auto accident.

Ask for names and contact information of any witnesses. This information will be important in determining who was at fault for the cause of the auto accident. The other information you will want to gather includes:

• Names of the drivers involved
• The insurance information of the drivers
• License plate numbers of the vehicles in the accident
• The make and model of the vehicle

Be sure to write down any details of the auto accident either at the scene of the accident or right when you get home. Writing the details down as soon as possible following the accident will help ensure that you do not forget any important details later.

What Not to Do at the Scene of an Auto Accident

It is very important that you do not sign any documentation until you have spoken with the Delta auto accident lawyers at Stephens & Holman. ICBC may ask you to sign documentation or agree to a settlement that may hinder you in your case to get the compensation you need and deserve. Our auto accident lawyers will speak with ICBC directly so they cannot take advantage of you.

Do not admit fault or blame anyone for the accident. The authorities will ask you for a recount of what happened. Answer all of their questions and cooperate fully. Do not tell them that you may have contributed to the accident and do not blame the other driver. Give the authorities the details of the accident as best you can.

Do not wait too long to speak with our auto accident lawyers. There is a statute of limitations that governs how long you have to file your auto accident case. You may not be able to get the compensation you need if you wait too long.

Please contact the law offices of Stephens & Holman today to speak with an auto accident lawyer in Delta if you have been involved in an auto accident. We will guide you through the legal process and protect your rights.

What is the ICBC?

2010-08-30T16:56:00.000-07:00

The Insurance Corporation of British Columbia, more commonly known as the ICBC, is an insurance company that provides universal auto insurance to residents of British Columbia. By law, every resident of British Columbia must have auto insurance through the ICBC.

The basic auto insurance package offered by ICBC is called the Autoplan and includes the following:

• Third party legal liability protection
• Under-insured motorist coverage
• Accident benefits
• Hit and run protection
• Inverse liability

ICBC offers additional coverage such as:

• Collision
• Extended liability
• Comprehensive plans

The ICBC holds the monopoly on auto insurance in British Columbia. There are private insurance firms that can offer residents additional coverage. However, all registered BC vehicles that are parked or driven on public streets are required to have ICBC insurance. Proof of insurance can be noted by the application of an ICBC decal on the vehicle’s license plate.

It is important to remember that ICBC insures both the at-fault party and the injured party in auto accident cases. This means that ICBC does not have either party’s best interests in mind. In fact, ICBC wants to pay as little compensation for your personal injuries as possible. To ensure you get the compensation you are entitled to and to ensure that your rights are protected, it is a good idea to speak with the Vancouver, BC, ICBC lawyers at Stephens & Holman about your auto accident case.

Before you contact ICBC about your auto accident, please contact our Vancouver, BC, ICBC lawyers to schedule a free, no obligation consultation about your case.

Why do I need a lawyer if I was injured in an auto accident?

2010-08-29T16:52:00.000-07:00

It makes perfect sense to believe that you will get compensated fairly for your injuries if you were injured in an auto accident due to someone else’s negligence. Unfortunately, The ICBC represents both the injured party and the at-fault party. Independent representation is the best way to guard your rights and get fair compensation. There are many reasons why you need an auto accident lawyer in Vancouver.

Insurance companies are businesses. They are out to make money. Their insurance adjusters are trained to give you the least amount of compensation as possible for your claim. They also have tricks to get you to sign paperwork that can harm you when filing your claim. Our skilled Vancouver, BC auto accident lawyers at Stephens & Holman are knowledgeable and experienced in dealing with insurance companies like the ICBC. The ICBC insurance adjuster assigned to your case does not have your best interests in mind. The insurance adjuster works for ICBC. Our auto accident lawyers work for you and have your best interests in mind.

Our auto accident lawyers will also help you:

• Gather and prepare the necessary legal documents
• Walk you through the legal process so you know what steps to take
• Tell you what your rights are and not let the insurance company take advantage of you
• Get you the compensation you need to help you recover from your injuries
• Defend your rights
• Evaluate your claim and determine what compensation you need
• Obtain statements from witnesses
• Gather and preserve evidence and important details

Our auto accident lawyers are here to help you through every step of the legal process. Do not let the ICBC take advantage of you. If you or a loved one was injured in an auto accident in Vancouver, BC, please contact the law offices of Stephens & Holman today to schedule a free consultation about your case.

Auto Accidents Due to Road Defects

2010-08-28T16:48:00.000-07:00

We expect our roadways in Vancouver, BC to be safe. Unfortunately, the roadways are sometimes inadequate or defective. Defective roadways can cause auto accidents that lead to serious personal injury and, on occasion, death.

Some of the road defects that cause auto accidents are:

• Unmarked or inadequately marked construction zones
• Inappropriate road surface material and surface defects
• Debris in the roads
• Areas with incoming traffic are not marked
• Narrow shoulder drop-offs
• Intersections with poor visibility
• Stripped roads without proper warning
• Defective guardrails and medians
• Malfunctioning traffic signals
• Obscured traffic signs and stop signs
• Excessive potholes
• Uneven lanes

A defective road can cause an auto accident or contribute to the accident. A large majority of drivers involved in auto accidents note that some part of the roadway was a contributing factor to the accident. A defective roadway may cause a driver to lose control causing an accident or a driver may lose control of the vehicle in a situation where the vehicle could have been corrected and an accident been avoided.

The government is responsible for maintaining our Vancouver roads. The government may be responsible for damages and personal injuries if a defective roadway was the cause or played a role in the auto accident. A lawsuit involving the government has different statues of limitations and is very different than a lawsuit involving another driver and the insurance company. Our experienced auto accident lawyers in Vancouver, BC have the knowledge needed to get you compensation for your injuries and damages when a lawsuit involves the government.

Our Vancouver roads should be safe and well maintained. If you have been in an auto accident caused by a defective road, please contact the law firm of Stephens & Holman today to speak with an auto accident lawyer.

Texting and Driving Laws

2010-08-27T16:46:00.000-07:00

Texting while driving can cause a serious auto accident and may result in the personal injury of another driver, passenger, or pedestrian. Because of the potential harms and the auto accidents caused by texting while driving, the following Canadian provinces have outlawed texting while driving:

• British Columbia
• Manitoba
• Newfoundland/Labrador
• Nova Scotia
• Ontario
• Quebec
• Saskatchewan

British Columbia began enforcing the ban on texting while driving following a month long warning period that began January 1, 2010. A driver caught by law enforcement texting while driving will be issued a $167 ticket and may receive up to three penalty points. Approximately 715 tickets were issued in the first two months of the ban. Drivers need to understand the dangers of texting while driving and learn to avoid participating in such acts.

This new legislation is a preventative action to help keep the roads of Vancouver safe for everyone. A driver texting while driving is distracted and may take his or her eyes off the road for several seconds at a time. Several seconds may not seem like a long period of time. However, an auto accident can happen in less than a few seconds. A driver must keep his or her eyes on the road at all times to ensure the safety of themselves, their passengers, and the drivers and passengers of other vehicles.

If you have been in an auto accident due to another driver texting while driving, please contact our auto accident lawyers in Vancouver, British Columbia today to discuss your case.

How do I choose a personal Injury Lawyer?

2010-08-26T16:34:00.000-07:00

If you have been in an accident, you may find that choosing a personal injury lawyer in Delta, British Columbia is a difficult task. It is important to find a personal injury lawyer that you are comfortable with and trust. There are many personal injury lawyers to choose from. However, not all lawyers have your best interests in mind. Some lawyers will urge you to settle your claim quickly or for an amount that does not meet your needs. Other lawyers are not attentive and caring.

Some lawyers like the personal injury lawyers at Stephens & Holman offer a free, no obligation personal injury case consultation to residents in and around Delta. Your consultation is the perfect place to ask all of your questions about your case, get to know the personal injury lawyer, ask about his experience, and decide if you feel comfortable having him represent you.

Stephens & Holman also offer a no recovery, no fee policy to help you with the financial burden of a personal injury case. The costs required for a personal injury case can total into the thousands or tens of thousands of dollars. Stephens & Holman believe that every resident of British Columbia deserves to have legal representation. For this reason, their personal injury lawyers do not get paid until you do.

The best choice for a personal injury lawyer is one who:

• You feel comfortable with
• Offers a free, no obligation case consultation
• Offers a no recovery, no fee policy
• Will answer all of your questions
• Returns your calls in a timely manner
• Is compassionate and has a desire to help you

The British Columbia personal injury lawyer you choose to help you will make a huge difference in your case. Before you speak with an ICBC adjuster, please contact the personal injury lawyers at Stephens & Holman today.

What are the most common types of personal injury?

2010-08-25T15:07:00.000-07:00

An accident that results in a personal injury can happen just about anywhere and in any type of situation. You can be injured at work, on the road, at a business, on someone’s property, or at the hospital. You can be injured due to someone else’s negligent behavior, by a defective product, or by being on a dangerous premises.

The most common causes of personal injury in Vancouver are:

• Auto Accidents
• Dangerous Premises
• Defective Products

Auto Accidents

By far, auto accidents are the most common type of personal injury. Auto accidents are usually caused by a driver operating a vehicle in a negligent manner. A negligent driver may cause an auto accident by:

• Driving too quickly
• Talking on a cell phone
• Texting on a cell phone
• Adjusting the controls of the vehicle
• Looking at the scenery

Because there are many drivers on the road, auto accidents happen frequently and typically result in the personal injury of another driver, passenger or pedestrian.

Dangerous Premises

A dangerous premises is any property that is not safely maintained. Property owners such as homeowners and business owners are required to keep their property safe for visitors. The most common type of personal injury suffered on a dangerous premises is a slip and fall injury. A slip and fall accident may be caused by:

• No railing on stairways
• Unmarked wet floors
• Uneven sidewalks
• Unsafe flooring

The Vancouver injury lawyers at Stephens & Holman can help you recover compensation for your injuries if you have suffered from a slip and fall.

Defective Products

Any product that is unsafe or has faulty parts and has the potential to cause you harm constitutes a defective product. All products that are sold have safety standards that they must meet as well as requirements for labeling and packaging. However, many products that seem to comply with these standards and requirements are not safe and may cause you personal harm.

If you have been injured in the Vancouver area, please contact the Vancouver, British Columbia injury lawyers at Stephens & Holman today for a free, no obligation personal injury case consultation.

What Constitutes a Personal Injury?

2010-08-19T14:29:00.000-07:00

A personal injury in Vancouver, British Columbia is any injury that is the result of an accident. A personal injury can be a physical, mental, or emotional injury. There are many types of accidents that may cause a personal injury and are usually caused by someone else’s negligent behavior.

A personal injury can be the result of:

• An auto accident
• A motorcycle accident
• A truck accident
• An SUV rollover
• A bus accident
• A bicycle accident
• A boat accident
• An airplane accident
• A dangerous premise
• A defective product

These accidents may cause you serious personal injury. You may suffer a head trauma, lacerations, broken bones, or burns. The Vancouver personal injury lawyers at Stephens & Holman are knowledgeable in personal injury cases and are able to answer all of your questions. Our personal injury lawyers will guide you through the steps you need to take for your case and will help you get the compensation you deserve.

Depending on the specific details of your personal injury case, you may be entitled to compensation for:

• Damages to your property
• Medical expenses
• Pain and suffering
• Emotional loss of a loved one
• Mental anguish
• At-home medical care
• Lost wages

A personal injury can drastically change your life and the life of your loved ones. If you have suffered a personal injury, please contact Stephens & Holman today to speak with one of our caring personal injury lawyers in Vancouver, British Columbia.

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2010-04-23T10:44:00.001-07:00

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Wrongful Death Claims

2010-01-12T14:21:00.000-08:00

Claims arising from wrongful deaths in British Columbia are governed by the Family Compensation Act. In order to make a claim for compensation, there must be three factors present.
First, one must be able to prove that someone was negligent. For instance, in a traffic accident, you have to be able to prove that somebody else was responsible for the death. Second, of course, the death has to ensue from the injuries suffered in the accident. The death may occur at some point further on, but if it is from some other cause, such as a long-term illness, there would not be the causation that’s necessary to bring a suit for negligence. If the accident resulted from of the negligence of somebody else, then it is compensable. The accident does not have to involve an automobile either. If someone, for instance, was going to a restaurant and he slipped and fell on ice in the parking lot, hit his head and died, there could be a claim also.
In British Columbia, we have what is called contributory negligence. The courts might find that the deceased was not using an available seatbelt. In such a case, the court might deduct some percentage from the compensation if it believed that the failure to wear a seatbelt contributed to the injuries causing death.
The third requirement in British Columbia is that the deceased has economic dependents. For instance, if an eight-year-old child is run over in the road and killed, there is, unfortunately, no economic compensation as the child would not have dependents.
To summarize, in order to bring a claim under the Family Compensation Act, there must be proof that someone was negligent; the death must be clearly caused by the negligence of this person or persons and there must also be dependents affected financially by the loss; they are the ones who would initiate the claim.
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If you, or someone you care about, is dealing with Personal injury law issues in the Vancouver, British Columbia Region, contact Stephens & Holman

What To Do if You or a Loved One Has Been Involved in a Plane Crash

2010-01-11T09:22:00.000-08:00

Although flying is perhaps the safest way to travel, however, planes do crash on rare occasions. Whether the fault was with the pilot, the weather, or poor ground control, the results from a plane crash are oftentimes devastating to both the victims and their families.

Personal Injury

If you were lucky enough to survive after being involved in a plane crash, it is more than likely that you sustained severe injuries. These injuries can sometimes leave you incapable of going to work, paying your medical expenses, or taking care of your family. Contacting personal injury Lawyers such as the ones at Stephens & Holman, who have experience in these cases can help you begin the process of collecting compensation to which you are entitled.

Wrongful Death

Due to the nature of the majority of plane crashes there is a high likelihood that those involved will not survive. If you have a loved one that has been killed in a plane crash an Lawyer with experience in dealing with wrongful death from a plane crash can help you navigate this oftentimes-confusing scenario. This will allow you more time to focus on loved ones and make whatever preparations are necessary for the victim.

If you live in British Columbia and have been injured in a plane crash, or if you have lost a loved one in a plane crash, please contact the Lawyers at Stephens and Holman to schedule a free, no-obligation consultation as soon as possible.

Boating Accidents – Who’s at Fault?

2009-12-22T12:27:00.000-08:00

There are many different factors that can contribute to a boating accident that are different from those involved while driving a car. For this reason it is sometimes hard to determine who is at fault in a boating accident. Typically, the person whose negligence caused the boat accident is the one who is responsible for paying damages, but, again, this is hard to establish in some cases.

Examples of Negligence while Boating

Not obeying proper safety precautions, e.g. going over the speed limit
Operating the boat in a reckless manner
Operating while under the influence of drugs or alcohol

Sometimes it can be found that more than one person was at fault in a boat accident. In this case, both parties could be responsible for paying damages in proportion to their level of fault. If the victim of an injury was at fault or shared partial fault, then the amount of damages will be decreased by the amount of fault the victim is responsible for.

If you have any further questions about who is at fault in a boating accident, please contact the law offices of Stephens and Holman to schedule a consultation with one of our experienced boating accident Lawyers. We serve residents in Vancouver and all of British Columbia.

Boating Accidents

2009-12-14T12:26:00.000-08:00

According to the latest 2009 statistics, upwards of nine million people participate in recreational boating every year. This number has risen steadily over the last ten years and with the increase in boating traffic, there comes an increase in boating accidents. Many times, these boating accidents result in injury or even death. If you are one of the hundreds of people who have been involved in a boating accident this year it is in your best interests to find a qualified personal injury Lawyer like the ones at Stephens & Holman who has experience dealing with boat-related injuries.

Because most small boats are used as recreational vehicles there is more of a tendency to have alcohol on board a boat than there is in an automobile. Last year over a third of boating accidents involved alcohol. People operating recreational water vehicles have a tendency to forget how dangerous it is (not to mention how illegal it is) to operate ANY vehicle while under the influence of alcohol.

If you have been injured in a boating accident and you live in British Columbia, please contact the law offices of Stephens and Holman to schedule a consultation with one of our qualified boating accident Lawyers today!

What Do You Do After a Motorcycle Accident?

2009-11-25T08:32:00.000-08:00

Personal Injury
If you have been injured in a motorcycle accident your first priority should be to make sure that you have the best medical attention possible without having to worry about who is going to pay for it. Contacting a personal injury Lawyer who has experience dealing with motorcycle accident cases can help relieve some of your fears and anxieties over what the future might bring for you and your family. Motorcycle accidents can often involve severe brain injuries even if the rider was wearing a helmet. For this reason it may be up to the family of the injured party to make sure that he/she has proper legal representation.

Death
If you have a loved one that has been killed in a motorcycle accident your first priority should be to the friends and family of the victim. It is sometimes hard to know what to do after losing a loved one, but you do have choices as to where to go from here. Getting in touch with an Lawyer who has handled cases similar to your own can let you know the full range of options available to you and your family and can help to ease the burden that you carry by making sure that those at fault are held responsible for their negligence.

If you live in British Columbia and have been injured in a motorcycle accident or have a loved one who has died in one, please contact Stephens and Holman Lawyers at Law to set up a free, no-obligation consultation as soon as possible.

Motorcycle Accidents

2009-11-17T08:30:00.000-08:00

Motorcyclists are probably the most vulnerable group of motorists on the road because of the relative lack of protection a motorcycle gives its rider. For this reason it is much more likely that a motorcycle rider will be injured or killed in an automobile accident than a person driving a car. Also, motorcycles, unlike other vehicles, are much less visible on the road, making other drivers more likely to hit them.

Motorcycle Accident Statistics
The majority of collisions occur because a motorist failed to see the motorcycle
Less than 5% of accidents occur due to highway defects
75% of incidents involve a collision with another vehicle
Most collisions occur after a vehicle makes a left turn in front of a motorcycle
More severe injuries are much more likely the larger the motorcycle
The majority of injured motorcyclists are between the ages of 16 and 24

As you can see, most accidents involving a car/truck and a motorcycle are caused by the driver of the automobile failing to see or yield the right of way to the motorcyclist. After being in an accident it is important to set the facts straight with a qualified Lawyer to make sure that your medical expenses are covered by the other driver or drivers if it turns out to be their fault.

If you live in British Columbia and have been injured in a motorcycle accident, please contact Stephens and Holman Personal Injury Lawyers as soon as possible to make sure that you have experienced legal representation.

What Do You Do if You or a Loved One Has Suffered a Brain Injury?

2009-11-02T08:28:00.000-08:00

The damage that a brain injury can cause goes above and beyond the damage to the victim. This kind of injury can result in the victim not even realizing the kind of damage that has been done, so the burden of these injuries gets laid on friends and family. After making sure that the victim is stable and that friends and family are informed of the circumstances, it is in your best interests to start looking for a personal injury Lawyer who specializes in lawsuits involving brain injury.

Even minor brain injuries can cause life-altering and long-lasting effects. Many times, however, victims of these injuries are released from the hospital without referrals or recommendations to brain injury rehabilitation facilities or given guidance of any kind. Having an experienced personal injury Lawyer will give you access to the kind of guidance you need to get yourself or a loved one into a treatment plan that they may desperately need.

If you live in British Columbia and have recently been a victim of an accident that has resulted in a traumatic brain injury, please contact the law offices of Stephens and Holman to schedule a free, no-obligation consultation and get the guidance and help you deserve.

Types of Brain Injuries

2009-10-08T08:27:00.000-07:00

The brain, being the most complicated organ in the body, is susceptible to any number of different injuries. Due to this complexity, every traumatic brain injury is going to be unique. The type of injury that the brain sustains is going to depend on the circumstances around which the injury occurred. The accident could affect only one area of the brain or multiple areas of the brain depending on the severity of the incident.

Types of Brain Injury

Concussion: A concussion occurs when the brain undergoes a sudden impact or momentum change. This may cause a brief loss of consciousness. If left untreated, concussions can cause lasting and life-altering damage.
Contusion: A contusion is a bruise, or bleeding, in the brain. Contusions normally are a result of a direct impact or blow to the head.
Penetration: A penetration occurs when a bullet, knife, or other sharp object impacts with the skull and sends fragments into the brain itself. These injuries often result in death. However, in some cases the victim is left with ability-impairing brain damage.

Along with these few examples of the different types of brain injury, there are also different levels of brain injury ranging from mild to severe.

If you or a loved one has been a victim of an accident or a defective product that has resulted in a brain injury, please contact the law offices of Stephens and Holman to schedule a free consultation as soon as possible. We serve residents of Vancouver and all of British Columbia.

"Inevitable Accident" Defense Scenarios

2009-07-27T07:08:00.000-07:00

The "inevitable accident" defense states that if the driver responsible for an auto accident was not negligent, then he is not responsible for paying damages in an auto accident claim. While this defense is difficult to prove, there are several scenarios where it is very effective.

If an accident occurs on icy, dangerous roads, particularly containing black ice, the unavoidable accident defense is likely to be used. However, an icy road does not necessarily make an accident unavoidable. If the driver had reasonable warning of the hazardous conditions or had driven in similar conditions frequently prior to the accident, the unavoidable accident defense will most likely not be successful.

Another prime situation for the unavoidable accident defense is an accident where the driver loses consciousness. Frequently, these accidents will be considered unavoidable and you may lose out on a settlement that you rightfully deserve. However, if your lawyer can prove that the driver had a pre-existing medical condition making him prone to losing consciousness, then this defense will not be successful.

The third scenario where the unavoidable accident defense is most commonly employed involves collisions with animals. If you are injured when a driver hits a deer, the accident may be considered unavoidable if the animal darted into the road unexpectedly and the driver lacked the necessary time to react. However, if the deer was standing in the middle of the road as the driver continued to speed happily along, this defense will most likely not hold up.

The lawyers at Stephens & Holman have a great deal of experience handling auto accident claims involving the unavoidable accident defense. We have the skills and experience required to make sure that you don't miss out on fair compensation for your injuries due to this legal technicality.

Please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation for your auto accident claim.

Beware of the "Inevitable Accident" Defense

2009-07-15T07:06:00.000-07:00

You have just been injured in a serious auto accident caused by someone else. You have bills to cover and may miss work for awhile during your recovery. You are counting on a settlement from the responsible driver's insurance company to keep you afloat during these tough times.

Since the accident was not your fault, you may reasonably expect that you will be awarded damages for your claim. However, this is not necessarily the case.

Canadian law provides defense lawyers with a way to prevent their clients from paying damages in an auto accident claim even if the accident was caused by the defendant. It is called the "inevitable accident" defense.

In order to collect damages in your auto accident claim, you must prove that the driver responsible for causing the accident was negligent in his actions. If the defense lawyer can prove that the accident was unavoidable, you will not receive any compensation for your injuries.

This defense is difficult to prove, but nevertheless it has been used successfully in many British Columbia auto accident claims. It is important to hire an lawyer who understands this law so that you don't fall victim to it. Nothing is more tragic than not receiving the fair compensation you deserve due to a legal technicality.

At Stephens & Holman, we have been aggressively fighting for the rights of accident victims in Vancouver, British Columbia for the past 25 years. Our lawyers have the skills and experience to ensure that you won't lose out on a fair settlement due to the inevitable accident defense.

If you have been injured in an auto accident, please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation.

Types of Motorcycle Accidents

2009-06-18T09:56:00.000-07:00

Due to the relatively minimal protection provided by motorcycles, injuries sustained in motorcycle accidents can be very serious and potentially result in death. The unique nature of the vehicle also offers motorcyclists a variety of ways to become involved in an accident.

The majority of motorcycle accidents are caused by another vehicle not paying attention or failing to give the motorcycle the right of way. Often a vehicle will either rear-end the motorcyclist or turn right in the path of a motorcycle. Even if the motorcyclist is able to avoid a collision, it is likely he will crash on the side of the road as a result of being forced to swerve out of the way.

While three quarters of motorcycle accidents are caused by another vehicle, there are still many instances where the motorcycle is the only vehicle involved in the accident. Defective equipment and unsafe road conditions are some of the main causes of these accidents.

The growing popularity of off-road bikes has led to an increase in the number of accidents involving these types of motorcycles. Unmarked obstacles on trails can frequently cause these serious accidents. Sometimes these obstacles are natural, such as a boulder or a large branch blocking the trail. However, there are instances where property owners will put up ropes or chains to prevent motorcycles from riding on the trail. Frequently, riders will not notice these obstructions until it is too late, resulting in severe injuries that could easily have been avoided if the property owner had been responsible and marked the obstructions with a warning sign.

Motorcycle injury claims are very complicated. Often, you may need to prove that the accident was caused by a driver when there was no collision or by the fault of a negligent property owner. Frequently, insurance companies will try and offer you an unfairly low settlement.

In order to ensure that you receive fair compensation for your injuries, it is important to be represented by an lawyer experienced in the nuances of motorcycle accident litigation. At Stephens & Holman, we have the experience needed to provide you with the best results for your motorcycle accident lawsuit.

Please contact our Vancouver, British Columbia motorcycle accident lawyers today to schedule a free, no-obligation consultation.

A Special Exemption to Motorcycle Helmet Laws

2009-06-03T12:25:00.000-07:00

For decades, Canada has demonstrated a strong motorcycle safety record, mainly due to the many safety regulations the government imposes on its motorcycle riders. Canada enacted mandatory helmet laws for all motorcycle riders as early as the 1960's. As a result, the number of serious injuries resulting from motorcycle accidents has been much less than in other countries without such stringent helmet laws.

However, in recent years, an interesting exemption to these helmet laws has been granted by the Canadian government. Many Sikhs living in Canada have voiced strong objections to the helmet laws, claiming that helmets would prevent them from wearing their turbans while riding their motorcycle. Wearing a turban is a fundamental demonstration of faith for Sikhs.

In the case Dhillon v. British Columbia, the court ruled that defending the religious rights of Sikhs to honor their tradition of wearing turbans trumps any safety precautions that inspired Canada's helmet laws. As a result, Sikhs are now allowed to leave their helmets at home in order to ride their motorcycles with a turban on their head.

Despite strict helmet laws and other safety regulations, motorcycles remain one of the most dangerous types of motor vehicles on the road. The risk of serious injury in a motorcycle accident is far greater than with other vehicles.

If you have been injured in a motorcycle accident, you need to make sure that you receive proper compensation for your injuries. At Stephens & Holman, our lawyers will aggressively fight to ensure that you receive what is rightfully yours.

Please contact our Vancouver, British Columbia motorcycle accident lawyers today to schedule a free, no-obligation consultation for your motorcycle accident claim.

The Dangers of SUV Rollover Accidents

2009-05-21T08:48:00.000-07:00

Unfortunately, SUV rollover accidents occur quite frequently. They often cause serious injuries, and in extreme cases death. Brain injuries are the most common type of injury sustained in a rollover accident. Approximately 10,000 people die each year in rollover accidents, and most of these occur in SUVs.

Most rollover accidents occur because the driver made an extremely sharp turn at a speed faster than the vehicle can handle the turn, forcing him to lose control. However, skidding on wet, snowy, or icy roads can also lead to an SUV rollover accident. Frequently, the vehicle will not rollover until it is off of the road.

There are many instances where SUV rollover accidents could be avoided if the vehicle manufacturers took greater care to build a safe vehicle. The high center of gravity and narrow tire track of SUVs contribute to the frequency of rollover accidents. Design defects in the roof often cause it to buckle in a rollover, and defective door latches increase the incidence of passenger ejections, a leading cause of rollover accident fatalities.

When an SUV rollover accident is caused by a design defect, the manufacturer may be liable for damages sustained due to the accident. Hiring an experienced SUV rollover accident lawyer to represent you will help ensure that you receive the compensation you deserve.

At Stephens & Holman, we have 25 years of personal injury law experience. We have the expertise necessary to help you win your Vancouver, British Columbia SUV rollover accident claim. Please contact our experienced auto accident lawyers today to schedule a free consultation.

SUV Design Defects and Rollover Accidents

2009-05-06T08:47:00.000-07:00

SUVs have grown in popularity in recent years, largely due to the perception that they are safer vehicles. This may be true in some respects. Most SUVs are four-wheel-drive vehicles and provide improved traction on snowy winter roads. However, the design of SUVs makes them extremely prone to rollover accidents, a fact that actually detracts from their overall safety.

There are several design defects inherent in SUVs that increase the likelihood that they will be involved in rollover accidents. The high center of gravity and narrow tire track of SUVs makes them more likely to rollover when the driver loses control and goes off the road. Defective tires have also led to an increase in SUV accidents, many of which result in a rollover.

Furthermore, there are other design flaws in SUVs which make the injuries resulting from rollover accidents more severe than they need to be. Many SUVs have a roof structure that is not strong enough to support the vehicle’s weight in the event of a rollover. As a result, the roof will tend to buckle, increasing the severity of injuries sustained. Defective door latches have also been known to cause doors to pop open during a rollover, resulting in passenger ejections. Vehicle ejections are responsible for 63% of rollover fatalities.

If you have been injured in an SUV rollover accident caused by a vehicle design defect, you may be eligible to receive compensation for your injuries. At Stephens & Holman, we have the skills and resources to provide you with first-rate representation in your SUV rollover accident claim.

Please contact our Vancouver, British Columbia auto accident lawyers today to schedule your free consultation.

Do I Have a Wrongful Death Claim?

2009-04-25T08:45:00.000-07:00

A wrongful death claim arises when a person dies as a result of the negligent actions of another. Wrongful death can also take place if a person intentionally tries to harm another, and these harmful actions result in the victim’s death. If you have a loved one who has died under either of these two circumstances, you most likely have a valid wrongful death case.

There are two important elements that must be present in order for you to win your wrongful death lawsuit. First, you must be able to prove that your loved one’s death was directly caused by the negligent actions of the accused. Second, you must prove that you have suffered monetary damages as a result of the death.

The courts will generally only recognize wrongful death lawsuits when they are filed by an immediate family member of the victim – in other words, the victim’s spouse or children. On rare occasions, the victim’s parents are able to file a wrongful death claim as well.

If you believe you have a valid wrongful death lawsuit, please contact our experienced wrongful death lawyers today to schedule a consultation. At Stephens & Holman, we have been helping Vancouver, British Columbia wrongful death victims receive compensation for their losses for the past 25 years and have the skills needed to help you win your case.

Damages in a Wrongful Death Claim

2009-04-10T08:37:00.000-07:00

Losing a loved one is always a difficult and traumatic event. However, it becomes even more traumatic when your loved one dies as a result of the negligence of another. In these circumstances, you may be eligible to file a wrongful death claim against the person responsible for the loss of your loved one.

Monetary damages in wrongful death cases are awarded to compensate the immediate family – the spouse or children – of the deceased for their losses. It is very rare for the courts to award monetary damages to someone outside of the victim’s immediate family in a wrongful death claim.

In general, you may receive damages to compensate you for lost future economic support, lost potential inheritance, medical expenses, funeral expenses and loss of companionship.

There are many factors that go into the determination of the dollar value of damages in a wrongful death lawsuit. Some of these include the victim’s age, earning capacity, and life expectancy. For example, you will most likely be able to receive a larger settlement if your loved one was 40 at the time of the accident than if he or she was 65.

Hiring an lawyer experienced in wrongful death claims will help ensure that you receive a fair to support your family in his or her absence.

The lawyers at Stephens & Holman have over a quarter century of experience in wrongful death claims and can help you get the compensation you deserve so that you can start moving on with your life. Please contact our Vancouver, British Columbia wrongful death lawyers today to schedule your free, no-obligation consultation.

Child Pedestrian Safety Near School Buses

2009-03-20T15:23:00.000-07:00

While school bus accidents occur much less frequently than other motor vehicle accidents, the injuries sustained from them are often far more severe than those stemming from other accidents. This is primarily due to the fact that the majority of children injured in school bus accidents are pedestrians.

It is unrealistic to expect children under age 10 to exercise more caution in order to avoid these accidents. It is in their nature to be spontaneous and carefree, which in part leads to many of these accidents. As adults, it is our responsibility to take extra precautions to help avoid such tragic incidents which often result in broken bones, brain injuries, spinal cord injuries, and sometimes death.

Bus drivers can do their part by reminding children to pay attention before crossing the street and by keeping the stop sign extended on the bus until all children are clear of the road. However, many children are victims of pedestrian accidents because of the negligence of other drivers in the area.

Automobile drivers can do their part by taking the following actions:

• Observing posted speed limits in school zones
• Driving defensively and paying attention when a school bus is stopped or when driving near a school
• Yielding the right of way to child pedestrians as they cross the street

If your child has been injured in a school bus accident, you will need the help of an experienced personal injury lawyer who can help you receive a fair settlement that will cover medical expenses and other potential damages.

At Stephens & Holman, our lawyers have been fighting for the rights of injured accident victims in Vancouver, British Columbia for over a quarter century. We have the skills and experience needed to provide you with the best representation possible.

Please contact our Vancouver, British Columbia school bus accident lawyers today to schedule your free consultation.

Common Causes of School Bus Accidents

2009-03-05T14:49:00.000-08:00

School buses are one of the safest modes of transportation for children. However, when a school bus accident does take place, the injuries are often very serious and can potentially be fatal.

Most school bus accidents involve children between the ages of five and seven and occur in close proximity to the bus. Due to their diminutive size and tendency to erratically dart across the street, child pedestrian accidents comprise the majority of school bus-related accidents. Many of these accidents would be easily avoidable if drivers paid more attention and followed proper school zone procedures.

The most common causes of school bus accidents include:

• Defective equipment
• Adverse road and weather conditions
• School bus driver inexperience
• Driver fatigue
• Aggressive driving in school zones
• Speeding
• Failure to yield the right of way to pedestrians around the bus
• Difficulty seeing around school buses
• Bus drivers failing to keep the stop sign out until all children are off the road
• Bus drivers failing to observe child pedestrian behavior around the bus

If your child has been injured in a school bus-related accident caused by the negligent actions of another, you may be entitled to receive compensation for your child’s injuries and medical expenses. Our experienced personal injury lawyers can help you through the entire legal process so that you receive a fair settlement. Please contact our Vancouver, British Columbia lawyers today to schedule a free consultation.

What is a Traumatic Brain Injury?

2009-02-25T09:00:00.000-08:00

A traumatic brain injury, also referred to as TBI, is an injury that is sustained to the head which disrupts the function of the brain. It can happen from a jolt or blow to the head or penetration of the head by a foreign object. A traumatic brain injury can range from mild to severe. According to the Brain Injury Association of America, there are about 1.4 million people who are victims of traumatic brain injuries each year. Of those people, 50,000 of the injuries are fatal. The remainder of these people may be hospitalized, treated and released.

The most common causes of traumatic brain injuries are:

• Falling accidents, which account for approximately 28% of TBI injuries
• Motor vehicle accidents, which account for 20% of brain injuries
• People being struck by or against objects, accounting for 19% of these injuries
• Assaults, which account for 11% of brain injuries

Traumatic brain injuries can range from mild to severe. Some mild brain injury symptoms include:

• Mild headaches
• Tiredness or fatigue
• Memory loss
• Inability to focus or concentrate
• Problems sleeping
• Dizziness or loss of coordination
• Seizures

Severe brain injury symptoms can include:

• Severe headaches
• Attention, memory, or concentration problems
• Loss of vision
• Seizures
• Slurred speech
• Depression or irritability

If you or someone you love has been a victim of a brain injury due to another person’s negligence, please contact our offices. We can help you assess your claim and get you the compensation you deserve for your pain and suffering.

Proof of Damages in TBI Cases

2009-02-09T09:00:00.000-08:00

Traumatic brain injuries can be devastating not only to the victim, but to those who are closest to them. When trying to prove damages in a brain injury case, it is important to hire an experienced brain injury attorney. They will know the laws surrounding these types of cases and be able to get you the monetary compensation you deserve. This compensation can include:

Money for medical bills related to the accident
Loss of wages, both past and future
Any costs incurred with rehabilitation or having to hire help to do specific chores or maintain your household
Pain, suffering, or disfigurement

When dealing with traumatic brain injuries, you have to prove the fault of another party. Traumatic brain injuries can happen in a number of ways and can have numerous people at fault. These are just a few possible brain injury scenarios:

Car accidents involving a negligent driver who should be held liable for their recklessness.
Construction accidents involving the negligence of equipment operators, unsafe construction practices, faulty equipment, or poor management. Cases involving construction zones can often have more than one person who is liable for damages.
Medical malpractice involving poor medical practices, sloppy surgical techniques, or negligence of medical staff. These doctors should be held responsible for the injuries that they cause their patients.

The costs of a brain injury claims are typically in the millions of dollars. When dealing with this large sum of money, it is important to have someone on your side that can fight for justice. You need an experienced attorney who understand the laws and can get you the compensation you deserve. If you or a loved one has suffered a traumatic brain injury from another party’s negligence, you need to contact our offices. We will fight for you and help you get the justice you deserve.

Bicycle Accidents and Insurance Issues

2009-01-23T09:00:00.000-08:00

With the increasing popularity of bicycle transportation, there are increased opportunities for tragic accidents to occur on our roadways. Bicycle accidents can be especially devastating because many result in serious injury or even death. Insurance claims involving bicycles can be more confusing than those involving regular vehicles.

Accidents involving bicycles can happen in the blink of an eye. Because bicycles can be difficult to see, drivers may not even realize they are there until it’s too late. When you are hit by a negligent driver, several insurance policies can immediately come into play:

First, let’s hope that the negligent driver is carrying an insurance policy and that he has enough coverage for your claim. Unfortunately, many times the driver’s policy has a cap on it as to what the insurance company will pay. This often leaves very little to cover the extensive medical bills that may be incurred due to the accident.
If the negligent driver doesn’t have proper coverage, your automobile insurance coverage can be used. The part of you policy that would be used is your uninsured/underinsured motorist coverage.

Insurance claims involving bicycles can be extremely tricky and confusing. If your or a loved one has been injured or killed in a bicycle accident it is important to work closely with an attorney who knows the laws surrounding these types of cases. Please contact our office for a free consultation and allow us to help you sort through all the details. These types of accidents can be extremely stressful and it’s good to know that you have someone on your side. We are here to fight for your rights.

Determining Fault in Boating Accidents

2009-01-09T09:00:00.000-08:00

Many people don’t consider the legal ramifications of boating accidents. Because these accidents take place on water, they are often overlooked as vehicle accidents. Recreational boating is a very popular pastime in Canada, as well as the US. If you are going to participate in boating activities, it is important to understand the laws governing the waterways and know what to do if you are ever in an accident.

Make sure you take the proper precautions when boating. Most of the same rules that apply to on-land roadways apply to the water as well. These include:

Having the proper license and proof of competency documents.
Maintaining a safe speed at all times. There are speed restrictions on the water.
Understanding and obeying the rules for minors operating a boat. In Canada, children under 12 cannot operate a boat with more than 10hp and children ages 12 to 16 cannot operate a boat with more than 40hp.
Always wear a life jacket and ensure that all of your passengers wear life jackets as well. Nearly all drowning accidents involve people who are not wearing the proper floatation devices.
Don’t drink and drive. This is often overlooked, but operating a boat under the influence of alcohol is still against the law. Statistics show that nearly half of all boating fatalities involved alcohol.
Keep fire extinguishers in multiple areas on the boat. Make sure everyone on board knows where the extinguishers are and how to use them.

If you are in a boating accident, the fault of the accident will need to be determined. Accidents can be the fault of another driver who was being careless or reckless, but it is also important to remember that faulty boating equipment can also cause accidents. When an accident occurs due to faulty equipment, the manufacturer can be held liable.

If you have been in a boating accident due to the carelessness of another party, then you have legal rights. You can count on our experienced lawyers to sort through the details and determine fault in the accident. We will be able to show negligence and get you the compensation you deserve. Trust us to help you get your life back on track.

What To Do If You’re in a Bicycle Accident

2008-12-31T09:00:00.000-08:00

Because more and more people are starting to use bicycles as their main form of transportation, there are more opportunities for accidents involving cars and bikes. Taking the proper precautions when riding a bike is imperative to staying safe. This includes understanding the rules of the road and wearing the proper safety equipment. Unfortunately, even when all of the proper precautions are taken, accidents still occur.

If you choose to ride your bike on or near busy roadways, it is important to know what to do if you are ever in an accident:

Don’t panic and try to stay calm and focused. This is easier said than done, but it can make a huge difference in your ability to deal with the situation.
Call the police and medical personnel. It is important to file a police report even if there are only minor injuries.
Check for injury. It is best to stay still until medical personnel can check you for injury, but if you are bleeding profusely you may need to move in order to control the bleeding.
Make sure you are safe. While it is recommended that you stay still until medical help arrives, if you are in harm’s way, it is important to move to a safe location until help arrives to avoid further injury.
Identify the people involved in the accident. Make sure you get everyone’s license, registration, address, and contact information before anyone leaves the scene.
Look for witnesses to the accident. Get as much information as possible from witnesses. This information may be important should you file for legal action.

If you or someone close to you has been involved in a bicycle accident due to someone else’s negligence, please contact our office for a free consultation. Our experienced accident attorneys will help you sort through all the details and file a claim for legal action. We are on your side and we will help you recover any damage you may be entitled to.

Common Injuries in Bicycle Accidents

2008-12-20T13:21:00.000-08:00

Bicycling is becoming a more common form of transportation these days. They are the number one way to save money on gas and the exercise is beneficial to the health of the rider. Unfortunately, these bicyclists must still ride on or near our busy roadways and accidents continue to occur.

Accidents involving bicycles typically result from a car hitting the bicyclist. This can be due to an inexperienced driver or the driver’s lack of attention to their surroundings. The most common injuries sustained from bicycle accidents are:

Brain injuries including skull fractures, concussions and contusions
Broken bones and fractures
Spinal and neck injuries

Accidents involving a bicycle and a motor vehicle can be devastating. Even wearing a helmet will not prevent most serious injuries. The human body is no match for pavement and fast moving motor vehicles. If you have been injured in a bicycle accident from the negligence of another driver, then you may be entitled to receive monetary compensation for the following:

Medical bills incurred from the accident
Loss of wages due to the accident
Loss of earning capacity or potential due to the accident
Pain and suffering
Disfigurement and emotional distress

If you or someone you love has been in a bicycle accident, please don’t hesitate to contact our experienced accident lawyers to receive a complimentary consultation and advice about your claim. We can help you navigate through the confusing accident laws and get you the money you deserve.

Common Injuries in Motorcycle Accidents

2008-12-10T13:16:00.000-08:00

Due to the high gas prices, there are more motorcycles on the road than ever before. While this is a very ethical way to save money on gas, these drivers are much more vulnerable to injury from other careless drivers on the road. Even when the motorcycle driver is wearing all of the appropriate protective gear, they are still at a higher risk of sustaining serious injury or death in an accident with another vehicle.

Thankfully in Canada, there are motorcycle helmet laws that require drivers to wear a helmet, which can cut down on the severity of head injuries. In the US, there are still states which don’t have mandatory helmet laws. The most common injuries (often resulting in death) from motorcycle accidents are:

Traumatic brain injury or other head injuries
Broken bones and road rash
Dislocation of the back and neck

If you or a member of your family has been involved in a motorcycle accident, it is important to receive legal counsel as soon as possible. Even if the accident is minor and no serious injuries are sustained, it is still wise to consult with an experienced accident attorney who can help you understand symptoms that could arise later. Our experienced attorneys know the laws surrounding these types of accident and can help you receive any monetary compensation that you may be eligible for.

Liability in a Truck Accident

2008-11-07T11:35:00.000-08:00

Today’s roadways are seeing more and more trucks and there are more trucking accidents than ever before. The drivers of these large vehicles know the risk that they present to the roadways, yet many of them continue to drive carelessly and endanger the lives of other drivers.

Truck drivers are required by law to follow certain regulations regarding cargo and the weight of their truck. They are also responsible for keeping their truck maintained and in proper working order. If the truck driver neglects to follow these rules, there are severe penalties.

If you are in an accident with a truck and the accident is a result of the other driver’s negligence, you can hold the driver or the trucking company liable for your damages. Typically the driver is automatically held liable, but depending on the specifics of the accident, the company who owns the truck can also be held liable. There are also times when the accident was caused by defective parts on the truck and in those cases the manufacturer can be held liable as well.

If you have been in an accident with a truck, please contact our office to receive a free consultation and advice with one of our experience attorneys. You are entitled to receive compensation for damages incurred from the accident. We can help you recover those so you can move on with your life.

Road Hazard Warnings and Car Accidents

2008-10-28T08:28:00.000-07:00

In order to keep our roadways safe, it is important that the roads are properly maintained. When crews are out working on the roads, proper signage should be placed in advance of the work zone so drivers are prepared. Unfortunately, many people don’t heed the warnings of these signs and then accidents happen.

Some of the main reasons that car accidents within construction zones are so devastating are because of the environment within these zones:

There are multiple people working on and near the road
There can be large trucks and machinery near the road and entering into traffic
The roadways may be under construction, which leaves the pavement unsafe at high speeds
There may be oncoming traffic in the next lane due to re-routing the roads
The workers may be treating the surfaces with an certain products which can make the roads very slippery

Most construction zone accidents are preventable. The main reason that so many people get hurt by vehicles within construction zones is because drivers do not heed the warnings and slow down. Some simple things you can do to help prevent construction zone accidents are:

Pay attention and heed all warning signs
Slow down
Make sure you keep an eye on what traffic is doing ahead of you
Take an alternate route if possible

If you have been in a car accident at the negligence of someone else, please contact our offices. In our free consultation we will give you advice on your personal injury claim and help you recover any monetary damages that are rightfully yours.

What to do after a Car Accident

2008-10-17T08:21:00.000-07:00

Every year, thousands of people are involved in car accidents on our roadways. There are approximately 160,000 accidents in Canada each year. Close to 3,000 of the people involved in these accidents die as a result of their injuries. Compared to other countries, Canada’s statistics are relatively low, but despite that fact, accidents still happen and it’s important to know what to do after an accident.

The things you should do if you have been in a car accident are:

Stay calm. Panicking will only make the situation worse.
Identify several witnesses, as they can be very important in assessing fault in the accident
Assess the damage, paying close attention to any injuries that require medical attention.
File an accident report with the police. Make sure you file a report even if the accident is minor. It is important to avoid leaving the scene until the report has been filed.
Be careful to discuss the details of the accident with only the police. After an accident everyone is shook up and it is sometimes difficult to remember or explain the details surrounding the accident accurately.
Obtain the names, addresses, phone numbers, and insurance information for all parties involved in the accident.
Call your insurance agent to report the claim. If possible, call from the scene of the accident.
If the accident was caused by another party’s negligence, contact a personal injury attorney to assess the accident and help you pursue a claim.

Even when you drive carefully, accidents are sometimes hard to avoid. If you have been in a car accident due to someone else’s carelessness, contact our office to receive free advice about your claim. We can help you assess the damages and recover any money that you deserve for your injuries.

Worker Compensation Automobile Accident Claims

2008-04-24T12:59:00.000-07:00

October 26, 2007
British Columbia Auto Accident Attorneys

Ms. Jane Smith
Surrey, BC
V3W 5N1

Dear Ms. Smith,

Re: Accident Claim – October 23, 2007

Thank you for consulting us about your claim. We understand that your motor vehicle accident injury occurred while you were working. If the driver who caused the accident was working at the time you can only proceed with a claim through Worksafe BC (formerly WCB). On the other hand, if the driver who caused the accident was not working at the time, and you are off work as a result of the injuries caused by the accident, you can elect to claim through Worksafe BC or through ICBC. If you claim through Worksafe BC you will normally end up with greater compensation than if you hire a lawyer and go through ICBC. That’s because Worksafe BC will charge you an administration fee based on a percentage of the amount that they have expended on the case, ie. for disability benefits and medical treatment. The fee is NOT a percentage of the entire recovery. You will receive the remainder of the settlement or judgement. The downside of this route involves control over the claim. Where you elect to claim through Worksafe BC, they control your medical treatment, choosing specialists and deciding what kind of therapy is appropriate. Also they have the right to settle the claim for whatever their lawyer decides is appropriate, even if you do not agree.

Please keep in mind our advice to you concerning the limitation period within which you must commence legal action in order to prevent expiry of your claim. The limitation period for personal injury claims in B.C. is normally 2 years.

Yours truly,

STEPHENS & HOLMAN

Simon J. Holman
pwcb

British Columbia Accident Advice

2008-04-24T12:38:00.000-07:00

British Columbia Accident Lawyers
Accident Information

October 20, 2006

Mr. John Smith
Surrey, BC
V3V 7Y7

Dear Mr. Smith,

Re: Accident Claim – October 3, 2006

We were pleased to have had the opportunity of discussing your claim with you. We confirm that we are not yet acting for you, but we hope that the information we gave to you is of assistance.

Although your accident was very recent and it is difficult to predict how long you may continue to suffer from your injuries, we believe that it would be advisable for you to retain a lawyer as soon as possible. As you know, our fees are calculated as a percentage of your claim. Therefore, if you make a speedy recovery from your injuries and have only a nominal claim, our fees will be nominal as well. On the other hand, if you have problems for a prolonged period, we will be there to assist you from the outset. Our fees are calculated no differently whether we are hired one day or one year after your accident. We can normally do a better job for you if we are hired early on.

There are several advantages in hiring a lawyer to help you. First, the amount of your claim will be maximized. Second, you no longer have to deal directly with the ICBC adjuster on your own. Also, thanks to your lawyer's advice, you will have some certainty as to what your claim is worth.

We suggest that in choosing a lawyer you make sure that you obtain a firm that does not act for ICBC or other insurance companies.

Our firm practices exclusively in the personal injury field and all members of our firm are highly skilled in this particular branch of law.

Information regarding "Low Velocity Impact Claims"

2008-04-24T12:22:00.000-07:00

British Columbia Auto Accidents

January 22, 2008

Ms. Jane Smith
Maple Ridge, BC
V2X 6B8

Dear Ms. Smith,

Re: Accident Claim – 2008

Thank you for consulting us about your claim. We confirm we are not acting for you, but we hope our advice helps you better understand your rights.

We understand ICBC may be taking the position that your claim is subject to their “low velocity impact” claim policy. The theory behind this policy is that the forces of impact between the vehicles in your accident were so slight as to be impossible to injure you. This policy is designed to save ICBC money, but very often works unfairly against people with valid injury claims.

As you know, ICBC fights these claims vigorously, refusing to pay any claim against the at fault driver (wage loss, out-of-pocket expenses and pain and suffering) even if your own doctors confirm you have been injured. This policy means you will not be compensated for your injuries unless you start a court action and the court awards you compensation.

If you wish to start a court action, you have a choice of two different courts: the Supreme Court of BC; or the Provincial Court of BC – Small Claims Division (commonly called Small Claims Court). If you choose the Supreme Court, ICBC may request and get a jury trial. They will present evidence suggesting that you have not been hurt and the jury may decide to deny your claim. ICBC is often successful against claimants using this defence with a jury. If they are successful, you could be responsible to ICBC for their legal costs, which could amount to many thousands of dollars.

Choosing to proceed in Small Claims Court involves much less risk. First, jury trials are not available in Small Claims Court, so your case would be heard by a Judge. Judges do not think much of evidence that attempts to relate the degree of vehicle damage to the existence of injuries. A Judge is likely to accept your claim if you have a doctor who will agree that you have been injured. Even if you are unsuccessful, you can only he held responsible to ICBC for a fraction of the amount for which you could be held responsible following a loss in Supreme Court.

Small Claims Court is designed so individuals can access the court systems without requiring a lawyer’s help. The Court Registry should be pleased to answer any procedural questions you may have and there are also written materials available to assist you, some of which are available at the Registry. You must ensure you have a written medical-legal report (s) from your doctor (s) as well as written documentation concerning any wage loss or out of pocket expenses. The downside of Small Claims Court is that your total recovery is limited to $25,000 per accident. (Provided that each accident, if there was more than one, is the subject of a separate court action.)

Your best approach, however, is to first attempt to get ICBC to change its mind about the classification of your claim. If you are successful, we would then be able to assist you and process your claim in the normal fashion.

To this end, you should be aware that ICBC recognizes some exceptions to its policy. First, if you have previously suffered an injury to the same area of the body as your present injury, your claim should be exempt from the policy. Second, your doctors can sometimes find objective signs of an injury with the use of X-rays or other diagnostic tools; this too could remove the claim from the minimal damage classification. Also, ICBC is supposed to look at the total damage to all vehicles involved in the accident, not just your vehicle damage. You can request that ICBC re-examine its decision to treat your claim as a low velocity impact claim on any of these bases.

If you intend to continue with your claim, please be aware that you must start a court case within two years of the date of the accident. Failure to start a court case within two years causes the claim to expire.

Yours truly,

STEPHENS & HOLMAN

Simon J. Holman
pmin/rc

2008-03-11T12:02:00.000-07:00

Welcome to our new blog.