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Our Blog
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Twitter in the Courtroom |
Thursday, June 28, 2012
The B.C. Supreme Court recently announced that reporters would soon be able to file news stories, post to blogs, as well as “tweet” from court proceedings commencing this fall. This policy will apply to regular, accredited media members in, as well as “citizen journalists” in the future provided they are approved by the media accreditation committee.
This also means that stories and tweets can be sent from inside the courtroom using electronic devices such as smart phones, which should lead to real time reporting of significant ICBC injury cases or other events that are of interest to the public rather than having to summarize these events after the fact.
Although video cameras will still be prohibited unless otherwise allowed by the presiding judge, the use of technology in this manner should help to expand the public’s access to relevant ICBC injury claim court cases. Whether it is keeping in touch with ICBC clients via email, having "face-to-face" meetings with distant personal injury clients via Skype, letting people know about new developments in ICBC injury claims via Twitter and this blog, or file managment technologies to help manage the information that is gathered in prosecuting an ICBC injury claim, BLW Lawyers is committed to using various technologies to enhance service to our ICBC personal injury clients as well.
If you have been injured in a motor vehicle collision, you can visit our website at www.BLWlawyers.com or fill out our free personal consultation form here. Of course, we still use the old-fashioned telephone, so feel free to give us a call at 604-689-3883 to discuss your ICBC injury claim.
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Therapists vs. Doctors for your ICBC claim – Don’t Get Caught Out |
Tuesday, June 19, 2012
A recent unreported decision of the BC Supreme Court in Rabanes v. Banfield found that physiotherapists are not qualified to give an opinion on diagnosis or prognosis. While a physiotherapist, massage therapist or acupuncturist may be wonderful at helping you heal, their opinions as to the key elements of your ICBC claim will not be accepted by the court. As such, ICBC also puts little weight in their opinions. Only qualified doctors can give the opinions that the Court, and ICBC, want to hear about to make their decisions on the value of your claim. So, don’t get caught out by not seeing your doctor regularly. See the doctor every 4 – 6 weeks as long as you are having any symptoms, or if you are off work, at least every 2 weeks. This will allow the doctor to assess and monitor your progress, and ultimately be in the best position to provide you, ICBC, and the Court, the opinions needed to support your claim.
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ICBC CL-19 Medical Report |
Many people who have been sustained injury in a motor vehicle accident and have an ICBC claim are called by their doctor to come in for an appointment to "fill out a form for ICBC." This form is usually a medical report called a CL-19. Any physician that treats a person injured in a motor vehicle accident in British Columbia must provide this medical report. So, what do you do when you are asked to attend your doctor’s office so that your doctor can complete a CL-19 medical report requested by the ICBC adjuster?
You should visit your doctor prepared to fully discuss your accident injuries (both physical and psychological) from the date of the accident to present. Be sure to fully communicate to your doctor how your accident injuries have affected your life ( ie. work, school, domestic duties, recreational activities, relationships).
All details and constructive examples of how your injuries have interfered with your life really help get the message across to the doctor.
There is an agreement between the College of Physicians and ICBC that stipulates that doctors shall fill in these "CL-19" forms when requested by ICBC for a modest fee. The agreement goes on to say that if the doctor brings the patient in for a current update and provides the form to ICBC in a timely manner the fee paid is slightly higher.
Communication with your doctor is the key ingredient in getting a fair settlement from ICBC for your injuries.
Do not hesitate to call Becker, Lavin & Wessler, Auto Accident Lawyers at 604-689-3883 should you have any questions or require assistance with your ICBC claim or settlement.
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Representing Yourself - The Least Expensive Option? |
An old English saying – “He who is his own lawyer has a fool for a client.” Strong words. Do they have any truth?
As recently reported in the Vancouver Sun, a study by University of Windsor law professor found that a significant number of individuals trying to utilize our courts to obtain justice were self-represented. She concluded these numbers were troubling because the system is not designed for litigation by non-lawyers. These words are echoed in the article by BC Supreme Court Chief Justice Robert Bauman - “Some people do get “lost at sea” when trying to navigate the legal system, which he acknowledged can be complicated for there average person.”
Do you fix your computer or car? Would you perform your own surgery? The internet has given everyone access to a large amount of information. But how does one apply that information to one’s exact situation? Lawyers take 7 years of post secondary education to obtain those skills.
Ultimately, for a plaintiff, your interest is to maximize your return from your ICBC claim and ICBC settlement. At Becker Lavin and Wessler, if we cannot beat the offer ICBC has made you, we will not charge any fee. We will put over 30 years of experience behind you. You have everything to gain and nothing to lose.
As noted in the Vancouver Sun article, a 2011 report form the BC Public Commission found individuals who self-litigate are generally unable to navigate the pre-trial process. Consequently, cases are forced to trial as opposed to being settled faster and less expensively out of court. Getting the right help when you need it can be the least expensive way to go.
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Living with Dignity, Independence and Grace |
Monday, June 18, 2012
A B.C. Judge ruled Friday to strike down the law that makes physician-assisted death illegal in Canada.
B.C. Supreme Court Justice Lynn Smith ruled that the current law violates the constitutional rights of the three plaintiffs who led the landmark legal challenge.
While declaring the law against euthanasia invalid, the judge suspended that declaration for one year to allow Parliament to set out what requirements are needed.
The judge found that "palliative care cannot relieve all suffering" and accepted that legal end-of-life practices allow doctors to withhold life-sustaining treatment and administer palliative sedation to the point of hastening death.
The case is expected to be appealed by the federal or B.C. governments, who opposed striking down the law.
One of the plaintiffs, Gloria Taylor, a 64-year-old Kelowna woman who suffers from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, a fatal neurodegenerative disease that slowly robs individuals of their motor skills, issued a statement after the ruling, which said:
"I'm deeply grateful to have the comfort of knowing that I have a choice at the end of my life. This is a blessing for me and other seriously and incurably ill individuals. This decision allows me to approach my death the same way I tried to live my life — with dignity, independence and grace."
In the spirit of this challenge, BLW lawyers are committed to using the law to empower injury victims to recover with dignity, independence and grace.
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Concussion and Traumatic Brain Injury - Blood Test Development |
Tuesday, June 5, 2012
The Vancouver Sun recently reported on the development of a blood test to detect traumatic brain injury or concussion ( link ). If successful, this will be an important tool for doctors, and injury lawyers, in the quest to help those that have suffered brain injuries, head injuries, concussions or traumatic brain injuries.
In the case of mild traumatic brain injury, the standard diagnostic tests of CT scans (that expose the patient to radiation about the head) and even the most sensitive MRI scans for brain injury (Susceptibility Weighted Imaging (SWI)) may not detect the microscopic bleeding or neuron shearing that results from a blow to the head or injury to the brain in rapid acceleration-deceleration events. The patient may be discharged home from the emergency room without the proper treatment. In the case of a car accident, with normal CT scan results and MRI scan results, it is more difficult for an auto injury lawyer to prove that the patient sustained a brain injury. Insurance companies are sceptical when there is a lack of objective evidence of injury. With a positive blood test for brain injury, the doctors and lawyers will have a much better chance of making sure that the patient is treated properly, both within the medical environment and in litigation.
If you have sustained a brain injury, concussion, head injury, or any type of injuury in a car accident in British Columbia, the ICBC injury lawyers at Becker Lavin & Wessler can help. Call us today at 604-689-3883 or fill out our free consultation form. Labels: brain injury, car accident, head injury, ICBC, traumatic brain injury
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