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. Instead the injured party could receive payments, like one might receive workers compensation board (WCB) payments. For example, if you are injured in an accident, ICBC might pay for your treatments and lost wages, but they will not pay you any money for your injuries regardless of how serious they are. In many cases the injured party will be representing themselves (no lawyer) and will be dealing with ICBC on their own, which ultimately puts the injured party at a serious disadvantage.
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.
Citizens protection from abuse or injury by police misconduct.
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.
Accidents from slipping or tripping and falling on someone else’s property.
How Compensation Works (Prior to May 1, 2021)
If you have been injured in a motor vehicle accident, 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.
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
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.
The amount of TTDs are capped at a maximum of $740/week and is calculated at 75% of a person’s average weekly earnings in the 52 weeks before the accident. You normally have to use up E.I. and extended benefits through your employer first before ICBC will consider giving you TTD benefits.
We represent clients who have suffered all types of injuries including:
- Neck and Back injuries
- Whiplash/Soft Tissue injuries
- Bursitis or tendonitis
- Nerve damage
- Thoracic outlet injury
- Orthopaedic Injury
- 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
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.