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Personal Injury

Personal Injury Practice Areas

Motor Vehicle Accident (ICBC)

We continue to represent our existing clients that were injured in motor vehicle accidents prior to May 1, 2021. As of May 1, 2021 ICBC under the NDP government has moved to a no-fault insurance model. Under no-fault insurance, the injured party loses their right to sue for damages. In many cases the injured party not entitled to receive any money from ICBC for their injuries. So generally speaking, you can no longer make an injury claim for your pain and suffering.

If you are injured in an accident after May 1, 2021, you are generally only entitled to get your vehicle repaired, have your treatment expenses paid for by ICBC, and have your wage loss/income loss paid for by ICBC.

If you are injured in an accident, ICBC should pay for your treatments and lost wages. If ICBC is refusing to fund your treatments, or if they are refusing to pay you for your lost income, contact us to discuss your matter.

Slip & Fall Injury

Our law firm specializes in Slip and Fall injury cases. A slip and fall accident can leave a person with pain and suffering, economic damages, as well as other damages. Our law firm is ready to review your case and provide you with comprehensive legal advice today.

If you have been injured in a slip and fall accident that occurred on the property of another party, you may be able to claim against this party for their negligence. According to the Occupiers Liability Act, property owners have a duty of care to those that enter their property, that the person will be “reasonably safe in using the premises.” This duty is relevant to the conditions of the premise, activities that occur on the premises, and conduct of third parties on the premises.

Contact us if you have been injured due to:

  • Ice, snow, and other weather-related conditions;
  • Broken stairs, escalators, or elevators;
  • Lack of handrails;
  • Uneven walking surfaces;
  • Torn or frayed carpet;
  • Unsafe conditions, negligence, or neglect in a nursing home;
  • Spills of food, drink, and other substances;
  • Debris and objects in walking areas;
  • Loose cords and wires; and,
  • Potholes and other defects.

Common injuries from a Slip and Fall Accident can include:

  • Broken bones and Bone fractures;
  • Sprains and strains;
  • Torn tendons and ligaments;
  • Head and traumatic brain injuries;
  • Concussion;
  • Back and neck injuries;
  • Internal injuries; and
  • Lacerations and bruises

Contact us for a free consultation.

Medical Malpractice

Medical malpractice/ medical negligence occurs when a healthcare professional fails to provide proper medical care. The standard of care is based on the accepted practices within the medical profession.

A simple mistake on the part of a provider does not always mean that you have a malpractice case.

Healthcare providers may be negligent if their actions fail to meet the standards upheld by the medical profession. Cases we have experience with:

  • Pharmacists giving wrong dosage/wrong medication
  • Birth Injury
  • Obstetrics & Gynaecology Malpractice
  • Misdiagnosis
  • Surgical & Anaesthesia Errors
  • Hospital Errors

Contact us to discuss your case.

Wrongful Death

Death due to the negligence or misconduct of another person or party. Death to a friend or family member can be very tough. We have experience with such cases and we can help you every step of the way.

British Columbia’s Family Compensation Act says that when there is a death that is caused by another person’s wrongful act or negligence, the deceased’s family members may be entitled to pursue a claim for damages under the wrongful death laws. The purpose of the Family Compensation Act is to place claimants in the economic position they would have been in but for the wrongful death. If you have lost a loved one due to the negligence of someone else contact our law firm to discuss your case.

Police Misconduct

If you have been assaulted by a Police Officer or Security Guard contact us to discuss your case. We have extensive experience with cases where excessive force is used, or where people have been assaulted by police officers and security guards.

Bar or Nightclub Assault

Assaults or injuries from a bar or night club event. Assaults or injuries that may occur at the hands of staff or patrons of the club, we can help.

Dog Bite Cases

If you have been attacked by a dog, it is a traumatic experience. We have experience representing victims that have been attacked by animals. Such events can leave lasting scars and disfiguring injuries. If a dog or any other animal has bitten you, you can file a lawsuit against the owner. We will ensure that you get fair compensation for your dog bite. Contact us to discuss your case.

Long Term Disability Claims

If your long term disability claim has been denied, is under investigation or if you have been cut off from receiving your benefits, contact us for a free consultation.

Insurance companies will try to deny your disability claim by using various tactics in order to avoid paying you the money that you deserve. Know your rights.  Contact Ronald Kumar Law Corporation to discuss your options

Long Term Disability Claim Denial

When you suffer an injury or have an illness that prevents you from working, long term disability benefits provide you with a certain percentage of your employment income.

Disabilities and illnesses can take many forms. There is not an exhaustive list of injuries or illnesses that will qualify you for disability benefits.

However, if your illness or injury prevents you from performing your job, you will likely qualify for these benefits.

Some of the common illnesses or injuries that qualify individuals to receive long term disability benefits are:

  • Addiction
  • Arthritis
  • Back injuries
  • Brain injuries
  • Cancer or side effects from cancer treatment
  • Chronic fatigue syndrome
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Depression/Anxiety
  • Diabetes
  • Fibromyalgia
  • Heart disease and stroke
  • Head injuries
  • Migraines and headaches
  • Multiple Sclerosis
  • Neck injuries
  • Paraplegia
  • Pre-existing conditions
  • Quadriplegia
  • Spinal injuries

When you are injured or have an illness and you cannot work, you should be able to rely on disability insurance through your work, or from a policy that you privately purchased. However, insurance companies often unfairly deny disability claims.

Have you received a denial letter from your long term disability provider? It can be difficult to know what to do and you may feel powerless. Ronald Kumar will take this burden away from you and will help you navigate through this difficult and confusing time. With the right disability lawyer, you can fight the denial and get the benefits that are rightfully owed to you.

Unsatisfactory Medical Documentation

Insurance companies inform you that you have not provided them with enough medical evidence to support your disability. This is a common practice by insurance companies where they send people intimidating letters to try and scare people and have them walk away from their claims.  Sometimes you don’t need to get further medical evidence, and we can work with the medical documents that you have. In some cases we get additional doctors and medical professionals involved in order to confirm your disability which can ultimately lead to you winning your case, and the denial being overturned.

You Are Not Totally Disabled

Often times insurance companies will pay long term disability benefits for a period of time, and then they will say that you are well enough to return to work. The term total disability is tricky as insurance companies use the word total in order to get you to think that your injury must be catastrophic. This is untrue. Long term disability means you cannot do essential parts of your job, or any job in which you are eligible for based on your education, experience, training etc.

Insurance Company Has Surveillance and Claims You Are Not Disabled

We often see insurance companies hire private investigators to conduct surveillance on disability claimants. This is often done in order to diminish or destroy the claimant’s disability claim. The insurance company might send you a letter outlining what footage they have captured, and this can be daunting. We have worked with clients in the past where we were able to legally justify the surveillance footage the insurance company captured which ultimately undermined their surveillance. If you are being honest with your claim and injuries, you should not worry.

The Insurance Company Doctors Don’t Think You are Disabled

Insurance companies often have doctors that work for them. These doctors are paid privately by the insurance companies. Their role can be to perform an assessment, review medical evidence, and form a medical opinion about your disability. In many cases your own family physician’s medical documents are compared/contrasted to the insurer’s doctor’s records. If you are assessed by the insurer’s doctor, it is likely they will not spend more than a few hours doing their assessment. Their goal is to try and cut you off from receiving benefits. It is quite likely that you have been seeing your family physician for years and there is a history between you and your doctor. We often see the Courts side with a claimant’s family physician over a privately paid doctor hired by the insurance company. As long as you are being honest about your injuries and it can be justified by your doctor, you should be successful with your case.

Your denial letter or termination letter

If you have been denied long term disability benefits, you will have received a denial letter from your long term disability provider.  If you had been receiving long term disability benefits but have been cut off, you will receive a termination letter from your disability provider telling you they are no longer going to be paying you your long term disability benefits.  Both of these denials can be appealed.  The date on the letter you receive is very important.  This date will determine the time limits you will have to meet, if you choose to file an appeal.

Should you appeal the long term disability providers decision on your own?

Long term disability providers almost always invite you to appeal their decision.  We recommend against this as the appeal process in almost all cases is done internally by the insurance company.  The individual making the decision on your appeal is an employee of the insurance company.   It is unlikely that they will treat you fairly or will change their decision to deny you these benefits.  The insurance company will also require you to collect documents, medical records and reports, which can be complicated and challenging especially when dealing with a serious injury or illness.

Why you should hire a disability lawyer?

A lawyer can also file a lawsuit on your behalf.  If the insurance company continues to deny your long term disability benefits, your case can be heard in front of a judge in the Supreme Court.  The judge and not the insurance company, will then decide whether you are entitled to these benefits.  If your case is heard before the Court, in addition to receiving the past and future benefits owing to you, you may also receive compensation for the mental and psychological toll the denial would have taken on you as well as punitive and aggravated damages.  Punitive and aggravated damages are awarded to punish a wrongdoer (the disability provider) for egregious or oppressive conduct. 

The disability lawyers at Ronald Kumar Law Group are well versed in the law and will alleviate the burden of dealing with insurance companies from you.  We will review your case for free and will provide you with a complimentary consultation and advice.

What Is The Deadline To File My Claim?

There is usually a two year limitation period for appeals.  However, the time limits are not always straight forward and can be confusing.  You should contact a lawyer as soon as you receive a denial letter from your long term disability provider.   If you miss the limitation and fail to appeal your claim within the limitation period, the insurer will no longer have to pay your claim and you will no longer be able to sue them.

Our Fees and How it Works

The lawyers at Ronald Kumar Law Corporation do not charge any fees upfront.  We will ensure you are treated fairly and you receive the benefits that are owed to you.   We offer the lowest legal fees in the Province of B.C. and we don’t get paid unless you do.

How Compensation Works

Compensation

You may be entitled to compensation for the following:

  • General damages – the purpose of this award is to compensate you for your pain and suffering based on your type of injury, the impact that the injury has had / is expected to have on your quality of life.
  • Past income loss / Past loss of opportunity– the purpose of this award is to compensate you for loss of income when your injuries stop you from working after the accident, or have stopped you from pursuing income or business related opportunities.
  • Future loss of income / Loss of earning capacity – if your injuries are likely to result in a permanent or ongoing disability, and there is a “real or substantial possibility” that you will suffer a loss of income earning capacity in the future as a result of your injuries, there may be the legal basis for an award for future income loss.
  • Cost of future care – if there is likely to be a future (permanent or ongoing) disability or care need, and there is medical justification that treatment or rehabilitation will be required in the future as a result of those injuries, an award may be made for the cost of the future care.
  • Special damages – this award is intended to reimburse you for reasonable “out of pocket” expenses incurred as a result of your injuries (i.e.: money spent on non-prescription medication, equipment, mileage and parking incurred in relation to treatment, etc.).
  • In trust claims – are intended to recognise that friends and family members also make sacrifices and contributions to assisting injured parties in coping with their accident-related injuries. In trust claims are intended to recognise the economic value of such contributions.

ICBC Wage Loss and Treatment Benefits Claims

If you are injured in an accident the law generally states that ICBC should pay for your treatments and lost wages/lost income. If ICBC is refusing to pay for your treatments, or if they are refusing to pay you for your lost wages/income, contact us to discuss your matter.

Treatment Benefits

After April 1, 2019 ICBC should be fully funding your treatments. You shouldn’t be paying anything out of pocket for treatments.  ICBC will only fund and reimburse treatment pursuant to the rates below:

ICBC Treatment Funding Per Session 

Acupuncture $88
Chiropractic $53
Counselling $120
Kinesiology $78
Massage Therapy $80
Physiotherapy $79
Psychology $195

 

We recommend finding a treatment provider who charges a maximum of the prescribed amount per session and bills this amount directly to ICBC. If you treat at treatment practitioners who are charging higher rates than the prescribed rates, you will likely not be receiving reimbursement from ICBC for any amount in excess of the prescribed rates.

All receipts for medical treatment, equipment, and other out-of-pocket expenses (including prescriptions, treatment sessions, medical equipment) must be submitted to ICBC within 60 days of the treatment or purchase date or it may not be reimbursed. 

ICBC Disability Benefits (TTD Benefits)

ICBC should cover income replacement no matter who is responsible for the crash.

If you’re unable to work due to an injury from a crash, income replacement benefits are based on 90 per cent of your net income, minus any amounts payable from other sources. These benefits can begin eight days after the crash. If your gross yearly earnings are more than $105,500 per year, Income Top-Up coverage is available if you purchase this coverage from your autoplan broker.

Injury Expertise

We represent clients who have suffered all types of injuries including:

  • Neck and Back injuries
  • Whiplash/Soft Tissue injuries
  • Strains
  • Bursitis or tendonitis
  • Contusions/bruises
  • Dislocations
  • Nerve damage
  • Thoracic outlet injury
  • Orthopaedic Injury
  • Fibromyalgia
  • Temporomandibular Joint Injury (TMJ)
  • Knee injuries
  • Shoulder injuries
  • Degenerative conditions
  • Chronic pain
  • Fractures/broken bones
  • Aggravation of pre-existing conditions
  • Brain Injury
  • Spinal Cord Injury
  • Headaches/migraines
  • Concussion
  • Tension/Anxiety/Stress/PTSD

Our Fees and How it Works

We are a plaintiff only firm, meaning we only represent the injured party and not the insurance company. Our clients retain us through a contingency fee agreement. This means you will not pay any legal fees to us unless we recover money for you. You will not pay us anything out of your own pocket. We get paid a percentage out of the money we recover for you.

Our Services

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