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Personal Injury Law

June 11, 2018 ,

ICBC Tort Claims

By Patrick McMurchy A tort claim is a claim against the person or persons who caused the accident, but in practice, person’s insurer will defend the claim. In B.C. the insurer is almost always ICBC. Potential damages for tort claims included the cost of treatment both past and future, income loss both past and future

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June 11, 2018 ,

ICBC No-Fault Claims

By Patrick McMurchy No fault insurance benefits are also called Part VII benefits because the coverage was first described in Part VII of the original Act. The benefits are provided under a contract of insurance between ICBC and an “insured”. “Insured” are owners of a vehicle licensed in BC, members of a vehicle owner’s household,

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June 11, 2018 ,

ICBC Claims: Whiplash injuries

By Patrick McMurchy Whiplash injuries are the most common injuries suffered in car accidents. Whiplash injuries are typically found in the neck and lower back. They range from soft tissue injuries to injuries involving the spine itself. Soft tissue injuries are often the most difficult to assess and resolve because they often are evidenced largely

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June 11, 2018 ,

ICBC Claims: Soft Tissue Injuries

By Patrick McMurchy The most common form of car accident injuries are soft tissue injuries. Soft tissues are muscles, tendons, ligaments and nerves. These tissues are often strained, sprained or bruised in car accidents. ICBC uses a grading system according to the signs and symptoms reported by the examining doctor in an attempt to standardize

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June 11, 2018 ,

ICBC Claims: Pre-Existing Conditions

By Patrick McMurchy People injured in motor vehicle accidents often have pre-existing conditions. These can serve to lower the amount recoverable in accident injuries, and in others, the effects of accident injuries on a person already suffering from pre-existing conditions can increase accident damages. Two legal principles that come into play when assessing pre-existing conditions

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June 11, 2018 ,

ICBC Claims: Mild Traumatic Brain Injury

By Patrick McMurchy   The term “mild traumatic brain injury” (MTBI) describes the physical injury to the brain but not the effects of the injury. In some cases, the physical injury may be mild, but the symptoms and effects may cause severe disability. Each case should be looked at individually in order to properly assess

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June 11, 2018 ,

ICBC Claims: How Damages Are Assessed

By Patrick McMurchy   Assessing damages in a personal injury claim is a complicated process, part art and part science. But there are some basic principles that are used. The principles differ depending on what category, or “head of damage” is being assessed. The first head of damage is called “non-pecuniary” damages. This head covers

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