Long-Term Disability Claim

Long-term disability insurance is designed to protect you in the event of serious injury or illness. If your psychological or physical condition prevents you from being able to work, the insurance company should pay out a monthly benefit. This is designed to provide some financial support for your care and treatment.

However, Insurance Companies Deny Long-Term Disability Claims

Unfortunately, the reality is that insurance companies deny long-term disability claims. Sometimes rehabilitative therapy for people suffering from a long-term disability can be helpful, but it is not always the case. Permanent disability can sometimes be the result as well. However compensation of long-term disability benefits is the least you should expect if you have insurance.

Dealing with insurance companies can be very difficult, particularly if you are dealing with a serious illness or condition. Having a lawyer, like Tim Louis, to guide and protect you through the process is the key to getting the compensation you deserve. If your long-term insurance claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation.

Long-term Disability Claim Denied

H.G. contacted me just over two years ago. She was referred to me by a previous long term disability client of mine who was very pleased with what I did for her. H.G.’s long term disability insurance company had just denied her claim for LTD benefits. H.G. had lost the ability to work at her very physically demanding position. She had developed Activity-Related Soft Tissue Disorder (ASTD) with myofascial injury to her cervical spine and shoulders. She had also aggravated her pre-existing degenerative disc disease.

She suffered from chronic joint and muscle pain, muscle spasms, numbness, neck pain, shoulder pain and pain and stiffness whenever she would bend, lift or walk.

I immediately obtained a copy of her insurance policy and then filed her lawsuit in the Vancouver Registry of the Supreme Court of B.C. Her insurance company filed a boilerplate response. They actually denied that she was disabled!

Insurance companies take me seriously and so it did not surprise me that fairly soon after the lawsuit had started they began to make offers of settlement. With my client’s instructions I rejected offer after offer.

The insurance company then conducted an Examination for Discovery of my client. At this step in a lawsuit there is no judge present. There is a court reporter who takes down a transcript of all the questions asked by the opposing lawyer and all of my client’s answers. I always prepare my clients extremely well before this step in the lawsuit. With H.G., this was no exception. While H. G. was a credible witness, I knew the insurance company lawyer might try to get her confused and then take advantage of the inevitable inconsistencies as she spoke.

A few days before the Discovery, I engaged her in a mock Discovery so she could practice what it would be like to be under a bit of stress. She did very well at the Discovery. H.G. came across as a likable, believable and reliable witness. After the Discovery, she told me how helpful our preparation together had been for her.

Shortly after the Discovery, the insurance company lawyer asked if we might be agreeable to Mediation. I recommended to H.G. that she accept the insurance company’s suggestion of mediation. Mediation is off the record, that is if settlement is not reached during mediation and the lawsuit proceeds to trial, nothing said at Mediation can be used against the client.

Mediation is a process whereby the parties engage in active negotiation with the assistance of a trained professional mediator. Throughout the day, the mediator will alternate between bringing the two parties together into the same room for face to face negotiations and separating the parties into two separate room shuttling back and forth between the parties. A mediator is different from an arbitrator in that an arbitrator makes a decision that is binding on both parties whether they liked the decision or not. Whereas a mediator only makes recommendations.

At the mediation, the insurance company slowly increased their offer of settlement – one-hundred thousand, one-hundred twenty thousand… two-hundred thousand and then finally two-hundred twenty-five thousand. I calculated that this was more than my client would receive at trial if she won. With great pleasure and a lot of relief, H.G. accepted the offer and we had a settlement. I had achieved the goal I aim for with all of my long-term disability clients – settle for nothing less than trial dollars without going to trial.

Has your Long-Term Disability Claim Been Denied?

If your long-term disability claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation. Get the compensation you deserve.

Get the help you need. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. If you have received the insurance claim denial in writing, he will also review the letter and schedule a second no-fee telephone consultation to review and assess that long-term disability claim denial.

Don’t let the insurance company bully you into a settlement. Before you accept any decision, contact Long-Term Disability Lawyer Tim Louis.

Have a question? Use our convenient “Get Help” chat below.

Long Term Disability Plan Regulation

Tim Louis” target=”_blank” title=”Learn more about long-term disability plan regulation in BC”>Learn more about how the BC Government regulates long-term disability plans and long-term disability claims.

Wrongful Termination

by Tim Louis

If your employment has been terminated by your employer , you are entitled to severance pay unless your employer is able to prove they had cause to ‘let you go’. Cause would include: theft, insubordination, and chronic tardiness. If your employer did not have cause, then you are entitled to severance pay. The amount of severance pay you are entitled to is governed by two different types of law – statutory law and common law.

Generally speaking you are entitled to more severance pay under common law than under statutory law.

Employment Law: What is the difference between Statutory and Common Law?

Statutory law is law created by government when it passes a statute. If your employer’s type of business is governed provincially, then British Columbia’s Employment Standards Act is the statute. If your employer’s type of business is governed federally, then federal law applies. Most types of businesses are governed provincially. Banks and Airlines are two examples of types of businesses that are governed federally.

Common law is law created each time someone goes to Court. Over time, literally thousands of cases are decided by a Court. In each case, the judge decides how much severance pay to award by looking at many different factors such as length of employment and age of the terminated employee.

What is Considered Wrongful Termination in British Columbia

In British Columbia, the Employment Standards Act provides you with the following statutory entitlement to severance pay if you have been terminated without cause. Being fired, or let go without cause is known as wrongful termination or wrongful dismissal.

After 3 months of service: 1 weeks’ pay
After 12 months of service: 2 weeks’ pay
After 3 years of service: 3 weeks’ pay, plus 1 week of pay for each additional year of employment (to a maximum of 8 weeks)

In British Columbia, the common law will entitle you to severance pay in the range of 4 to 6 weeks severance pay per year of employment depending upon many different factors as described above.

Remember that you are not entitled to any severance pay -either statutory or common law – if your employer can prove they have cause to terminate your employment.

Can I Sue for Wrongful Dismissal?

However just because your employer says they have cause to terminate, doesn’t mean they do. I had a case recently where I sued my client’s former employer. In their Response to Civil Claim, the employer alleged just cause. They listed numerous allegations against my client, including diverting customer money into my client’s own pocket.

However, as soon as I demanded particulars of each and every allegation from the employer’s lawyer, their case began to fall apart. I ended up forcing the employer to pay my client a very significant amount of money due to wrongful termination.

Wrongful Termination: What am I entitled to?

If your employer’s business is covered by provincial law, then you are not entitled to your job back if your employer did not have just cause. All you are entitled to is severance pay.
If your employer’s business is covered by federal law, you may be entitled to your job back.
If you have been terminated, it is very important you seek legal advice from an experienced labor lawyer.

I have been Wrongfully Dismissed – what are the next steps?

If you have been wrongfully terminated, contact Wrongful Dismissal lawyer Tim Louis for a free telephone consultation.

Don’t accept a severance offer, or an exit agreement before first talking to an employment lawyer.

Tim is on your side to fight for you and get the compensation you deserve or file a compliant.

Contact Tim Louis today at (604) 732-7678!

Learn More about Your Rights

You need to know your rights, in order to ensure you are treated with the respect you deserve. Employment in British Columbia falls under the Employment Standards Act.

Here are some links to learn more.
Employee Rights in British Columbia
Employment Standards Act – BC Law
Workplace Rights
Wrongful Dismissal

Fibromyalgia and Long-term Disability Claims

Fibromyalgia – Getting the Long-Term Disability Claim You Deserve

by Tim Louis

Fibromyalgia is a painful medical condition that many people in Vancouver and British Columbia face, and it is often misdiagnosed. About 2% of the population is affected by this very painful disease, and it has many side-effects that can make it very difficult to work or go about daily life. Going to work everyday and dealing with its symptoms of pain, fatigue, depression, sleep issues, memory troubles, headaches and even digestive problems can become extremely difficult. The chronic pain alone makes getting through a day of work impossible. While this is a long-term disability insurance issue, many insurance claims are denied. A long-term disability lawyer, like Tim Louis, can help you get the compensation you deserve if you are unable to return to work because of your diagnosis.

Fighting with your insurance company for long term disability benefits is an uphill battle no matter what your disability. This is why many people will choose to hire an experienced lawyer. However it is even more difficult if you have fibromyalgia. Bad enough that it causes pain throughout the entire musculoskeletal system and is known to cause mental problems such as issues with memory and maintaining a stable mood. Even worse is the fact that the symptoms are subjective. There is no objective way of testing fibromyalgia as there is with say a broken bone – an x-ray. This gives your insurance company an unfair advantage – you have no way of proving that you have this disabling condition.

There is no question that fibromyalgia can be profoundly disabling and is a disability. The federal government recognizes this. Canada Pension Plan disability benefits are awarded to many people with fibromyalgia every year.

Fibromyalgia and Chronic Pain

As fibromyalgia causes chronic pain, it can be impossible for individuals who suffer from it to continue working. In Vancouver and all over British Columbia, I have acted for many fibromyalgia clients whose long-term disability benefits have been denied by their insurance company. I will always collect evidence from collateral witnesses. For instance a spouse that gives evidence that the insured is in pain all day can be decisive.

Many people with fibromyalgia will have good days and bad days. A good day is a gift from heaven, and my client will be tempted to do all the things they cannot do on bad days. Unfortunately this is not just a gift for my client, but also can be a gift from for my client’s insurance company. If they can obtain video surveillance of my client on this good day, they will try to use it to destroy my client’s case.

I once had a fibromyalgia client who heard a knock on his door one evening. He opened the door and a very charming woman told him her car had stalled and asked him if he could push the car. He was having a good day and kindly did so. Unbeknownst to him it was all a set up – he was filmed pushing the car. I am very proud of the fact that I still obtained $300k for him.

Long-Term Disability Claims

Living with such a painful disease as fibromyalgia can be difficult, and you deserve long-term disability benefits. If you have fibromyalgia and your insurance company has denied your claim for long term disability benefits you should retain an experienced lawyer. By working with Tim Louis & Co, our team will carefully gather the evidence, make a case and help you get the long-term disability benefits you deserve. Get started with a free consultation.

Hire a Long-Term Disability Lawyer to get Long-Term Disability Benefits for Fibromyalgia

When you need a long-term disability lawyer to truly represent your best interests and not the interests of a big law firm’s bottom line, you need Tim Louis in Vancouver BC.

Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. He will gather the information about your condition of fibromyalgia needed to make a case for your need for long-term disability coverage, and answer all of your questions.

Tim Louis’ goal is to obtain for his clients an out-of-court settlement equal to what the client would achieve by going to trial. He does this by thoroughly preparing for trial, even though the goal is to settle before trial.

Learn More

Fibromyalgia – Learn More
Symptoms of Fibromyalgia
Fibromyalgia Association of Canada

Client Reviews

Workplace Injury – Can I sue my workplace for an injury?

If you are injured on the job, the law does not permit you to sue your employer. Instead, you must make a claim with WorkSafeBC. The good news here is that you do not need to be concerned about your employer’s financial ability to pay you for lost wages and/or permanent lost earning capacity. The bad news is that WorkSafeBC can be a nightmare to deal with. You do not ever get your day in court.

A workplace injury is any injury that occurs within your scope of employment. What this means is that your injury, in order to be covered by WorkSafeBC, does not have to occur at a specific worksite. If, for instance, you are driving and doing so as part of your employment, then you are covered. As example might be your employer asking you to leave your worksite to go on an errand. If you are running the errand as part of your employment and suffer an injury, you are covered by WorkSafeBC.

Serious Workplace Injuries

From 2010 -2019, there were over 63,000 serious workplace injuries reported in BC. (read more).

According to WorkSafe BC, workers in B.C. …”missed 3.2 million days of work due to work-related incidents and disease…”(Worksafe BC). The most common types of injury claims accepted by us were:

Strains and other than back strains
Back strains
Cuts
Contusions
Fractures

If you have been injured on the job, it is important to report the injury as soon as possible to Worksafe BC. It is also a good idea to contact personal injury lawyer Tim Louis to get the best legal advice regarding workplace injury to assist you in ensuring you get the compensation you deserve.

Reporting a Workplace Injury

Reporting a workplace injury is very easy. It can all be done over the phone (WorkSafeBC Teleclaim 1-888-967-5377).

In order for you to be eligible for WorkSafe benefits, your injury does not need to occur at a specific time. A perfect example of this is carpal tunnel syndrome from typing. A worker who develops this syndrome will do so as a result of typing over a number of weeks if not years. Another example is lung cancer caused by exposure to asbestos. The “injury” would take place over many decades.

As soon as you suffer a workplace injury, you should immediately report it, not only to WorkSafeBC, but also to your employer and your family doctor. Failure to do so may seriously weaken your claim. Your doctor will be asked by WorkSafeBC to confirm your injury. If it is a very serious injury and you are taken to a hospital by ambulance, do not leave it to the ambulance crew or the hospital to report your injury to WorkSafeBC.

Most WorkSafeBC are relatively straight forward. However, sometimes, this is not the case. If you feel that you are not being treated fairly by WorkSafeBC, you should immediately hire a workplace injury lawyer familiar with WorkSafe claims.

Repealing Workplace Injury Decisions

Appealing Worksafe decisions to court is very difficult and rarely successful. In 2016 an injured worker, Anna Currie was successful. The chambers judge overturned Worksafe’s decision to refuse to provide retroactive vocational rehabilitation benefits to her. Sadly, Worksafe simply appealed the chambers judge decision to the BC Court of Appeal.

The BCCA reinstated the Worksafe decision to refuse to provide retroactive vocational rehabilitation benefits.

Workplace Safety

To keep everyone safe on the job, all employees should participate in workplace safety protocols. This group collaboration works to protect everyone, increase safety on the job, prevent workplace injury and helps with overall productivity.

In order to prevent workplace injury, it is important to:

Always report unsafe work conditions
Keep a clean workstation
Ensure you always wear protective equipment such as hard hats and steel shank/toe boots
Take breaks – workplace injury often occurs when people are tired
Don’t skip any steps to get the job done faster – follow workflow procedure for safety
Stay up to date with new safety protocols and procedures
Use proper posture and follow safe working and lifting procedures
Help the new employees – guide them on looking after their health, safety and the safety of the workplace

Injured on the Job?

If you have been injured on the job, contact Tim Louis today to get the best legal advice. As a seasoned personal injury and long-term disability lawyer, he will provide you with the best legal advice and help you navigate the complications of a WorkSafe BC claim. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex.

Sources:

Provincial Overview by Worksafe BC. Free data visualization software. (n.d.). Retrieved January 16, 2022, from https://public.tableau.com/app/profile/worksafebc/viz/Provincialoverview/Didyouknow

Worksafe BC: Facts & figures. WorkSafeBC. (2021, March 12). Retrieved January 16, 2022, from https://www.worksafebc.com/en/about-us/shared-data/facts-and-figures

Client Reviews

Slip and Fall

Slip and Fall Injury

If you are suffering from a slip and fall injury, you do not need to prove that it was not your fault. What you do need to prove is that it was the fault of the owner or occupier of the property where you suffered your injury. Many slip and falls occur in stores, and are caused by something having been left on the floor such as a liquid or an object.

Your lawyer will make a demand for the store’s floor inspection policy. If they do not have such a policy, you have a very strong case. If they have such a policy, your lawyer will make a demand for the floor inspection log. If the log does not confirm that the floors were being inspected as the schedule called for, then you have a very strong case.

Sidewalk Slip and Fall Cases

Sidewalk slip and fall cases are much more difficult, but with the right facts, you may still have a very strong case. BC courts have held that municipalities must have a written policy requiring sidewalks to be repaired if there is a lip above a fixed height. The courts leave it to the municipality to decide what height is specified in the policy.

If you suffer a slip and fall caused by a lip higher than that permitted in the municipality’s policy, then you have a very strong case. However, even here you will lose your case if you or your lawyer do not give written notice to the City Clerk within 60 days of your Slip and Fall. The notice does not need to be fancy: just the date, location and a general description of your injuries.

Some slip and falls occur on stairways. In this case, your lawyer will not be looking for a policy. Instead, your lawyer will hire an architect or an engineer who measures the stairway, and compares it with the Building Code. You would be surprised at the number of stairways, both residential and commercial, that do not comply with the Building Code.

Slip and Fall Cases

One of the first things I ask all of my slip and fall clients for are pictures of the location. This helps me begin to get an idea as to whether or not my client has a case.

Sometimes the defendant owner or occupier will argue that your Slip and Fall was at least partially your fault. The defendant’s lawyer will want to know what type of shoes you were wearing. Had you consumed any alcohol or drugs immediately before the slip and fall. Did you already know of the unsafe condition – for instance, you knew that the stairway was unsafe to use.

Your lawyer will order medical legal reports from your caregivers including your family doctor and any specialists you were referred to. Your lawyer will ask your caregivers to provide a diagnosis of the injury you suffered and also a prognosis – are you going to recover or is it a permanent injury.

If your injury has made it harder for you to work, or worse yet stopped you from working, your lawyer will order an expert report from a vocational consultant and a report from an economist who will measure the worth of your future income loss. If your injury is going to result in care costs into the future, then your lawyer will also order a Future Cost of Care report. Care costs are things such as treatment fees and housekeeping.

Personal Injury Lawyer Tim Louis – Slip and Fall Injury Claims

I recently settled a case for Michael Lesik. He suffered injuries when he fell walking down a stairway. He left the following review:

“If you are looking for a lawyer who is very intelligent, organized, knowledgeable, experienced, knows the law, humanistic and is committed to represent your interests. STOP!! Go no further!! Your search is over!! Your legal representative is Tim Louis. In addition, Karolina and Krista make a formidable legal team. They are knowledgeable, reassuring and a pleasure to work with. Collectively they make a winning team.”

I have been successfully representing Slip and Fall victims for 37 years. If you would like a free consultation, call me at 778-855-3494.

If you would like to know what my previous clients have to say about me, check out my reviews. Testimonials

Learn about the Occupier’s Liability Act:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96337_01

Client Reviews

Personal Injury Questions

Personal Injury Law Questions

Have you recently suffered injuries because of a personal injury such as a slip and fall? You don’t have to suffer ongoing pain and deal with a loss of income on your own. Personal Injury Lawyer Tim Louis will fight for a fair settlement and the compensation you deserve. When you get injured due to someone’s negligence, you need the best advice possible from an experienced lawyer.

In the last month, I have received a number of questions about personal injury. Here are just a few of these questions with the answers I provided.

“Are personal injury claims taxable?”

The good news here is that personal injury claims are not taxable. However, you should be aware of the fact that if you are compensated for past loss of income (income you did not receive because of the personal injury) the defendant is only liable to you for what your net income would have been. Your net income is your gross income minus all deductions, including income tax.

“How to hire a personal injury Lawyer?”

One of the best ways to choose the right personal injury lawyer is to see what previous clients say about that lawyer. It is next to impossible to fully assess a lawyer’s ability to serve you during an interview. On the other hand, former clients who have been represented throughout their entire claim up to and including settlement or trial, will be able to give you a much more complete and well-rounded assessment of the lawyer you are considering.

Once you have selected a lawyer, you will meet with her/him for an initial appointment at which the lawyer will obtain from you all the information necessary to open your file, draft a contract between you and the lawyer and start the law suit.

“When do I hire a personal injury lawyer?”

There are very few situations I am aware of where the injured party did not require a lawyer. Even where liability is admitted by the at-fault party, it will be very difficult, if not impossible, for the injured party to get full compensation without a lawyer. A lawyer will know how best to go about getting all of the necessary expert reports. These expert reports may not just come from the family doctor and other caregivers, but also from a vocational consultant and an economist.

If you have been injured, contact Vancouver personal injury lawyer Tim Louis at (604) 732-7678.

Tim Louis is a personal injury lawyer who represents your best interests, rather than a big law firm’s bottom line. With over forty years experience in Personal Injury Lawyer, he is your best choice for a lawyer when you get injured. Whether it is a dog bite, or you were injured as a result of someone else’s negligence, you deserve the guidance and support of and experienced lawyer who is ready to fight for your rights.

After the trauma of being injured, the last thing you want to do is deal with the stress of legal issues – Tim Louis is here to guide you through the legal issues, answer your questions and fight for you. Settling before a trial is the best way to get the compensation for a personal injury.

Have more questions? Contact us at (604) 732-7678 or send us an email at timlouis@timlouislaw.com.

Client Reviews

Termination Without Cause: Determining Reasonable Notice

Termination Without Cause – Wrongful Dismissal

When an employee is terminated without cause, it means they are being let go for reasons such as cost cutting, restructuring, or realignment. All employees in Canada are entitled to a certain amount of notice (or pay in lieu of notice) if an employer without just cause terminates them. This compensation is in place to protect employees left without employment with no warning or any type of income.

If you have been terminated without cause in BC, you may have several questions regarding this topic. Below we have compiled some helpful information to help you understand how much you are entitled to when terminated without cause and when payment is required.

How Much Are You Entitled to When Terminated Without Cause in BC?

Termination without cause is perfectly legal in BC if the employer provides you with reasonable notice of termination. Reasonable notice can be given in the form of working notice, pay in-lieu-of working notice or both.

If a BC employer does not provide an employee with reasonable notice, adequate compensation must be issued. If a BC employer fails to do so, a wrongful dismissal case could be brought against them. How much payment is required depends on the length of time an employee was employed:

After three consecutive months of employment: one week’s pay must be provided
After 12 consecutive months of employment: two weeks’ pay must be provided
After 36 consecutive months of employment: three weeks’ pay must be provided
For each additional year: a week’s pay (up to a maximum of eight weeks) must be provided

How Much Pay Are You Entitled To When Terminated Without Cause?

There are two types of law – Statutory Law and Common Law.

The statutory requirements for notice are as follows:

One week’s pay must be granted after 3 consecutive months of employment
Two week’s pay must be granted after 12 consecutive months of employment
Three weeks’ pay must be provided after 36 consecutive months of employment.
A week’s pay up to a maximum of 8 weeks must be granted for each additional year.

According to common law, reasonable notice is based on length of service, type of position (including salary), age of the employee, and availability of similar employment at the time of termination. Under these requirements, reasonable notice may amount to at least one month per year of employment.

The Period of Common Law Notice Can Be Varied – BC Employment Law

Under common law, severance is not just one or two weeks’ compensation — an employee terminated without cause can be owed up to 24 months of pay. However, it may be stipulated in the original employment contract when hired by the company. This contract may require less notice of termination than common law requirements, but not less than the entitlements listed under the BC Employment Standards Act/Statute Law.  

Have You Been Terminated Without Cause in BC?

If you are involved in a termination without cause situation, it is important you speak with Tim Louis, an experienced employment lawyer, to ensure that your employment rights are applied, and you have been provided with fair compensation. Hiring a lawyer that specializes in employment law will help ensure that you receive a””fair settlement. If you have been let go by your employer or require a severance package review, contact Tim Louis Law today by calling 604-732-7678 or email timlouis@timlouislaw.com, and we will set you up with a no-obligation telephone consultation.

Learn more about termination without cause in the BC Employment Standards Act

Client Reviews

Elder Abuse: What to Look For

At Tim Louis Law, we understand what an overwhelming time this can be and will fight on your behalf to ensure that you receive
the compensation you deserve for your injuries.

Elder Abuse: What to Look For | Personal Injury

According to the Government of Canada, 1 in 5 Canadians believes they know of a senior who may be experiencing some form of abuse and personal injury. Seniors of all ages, religions, races, cultures and ethnic backgrounds are prone to elder abuse, which occurs more often than people realize.

Abuse can happen to anyone, in any family or relationship. Discovering that a loved one has suffered from a personal injury due to the negligence of a care provider can be a troubling, stressful realization. We understand your frustration and are here to answer any questions you have. An experienced and compassionate Lawyer can provide you with the advice you seek concerning legal action during this unsettling time. Below we have compiled basic information about the different types of elder abuse, and the best course of action moving forward.

Types of Elder Abuse

Elder abuse can take many forms and is not limited to hitting, striking, shaking, or beating. For instance, a caregiver can be found liable if they refuse to serve a patient breakfast simply because they were displeased with their patient. It is also considered abuse when the individual is emotionally or psychologically abused through the use of degradation, threats, or manipulation. Elder abuse can exist as a single injury-inducing event, or as a pattern of bad conduct.

Physical Abuse

Physical abuse is any type of abuse that causes injury or discomfort (this includes sexual assault). Signs of physical abuse may include but are not limited to:

Unexplained bruises, cuts, burns, or bites
Untreated medical issues
A continuous number of ‘accidents’
Signs of dehydration

Psychological Abuse

Psychological or emotional abuse involves a caretaker who systematically and maliciously manipulates a patient causing emotional anguish, fear, and or dignity. Signs of psychological abuse may include:

Depression, fear, anxiety, withdrawal
Unwillingness to open up and discuss the issue
Fear of interacting with the caregiver
The caregiver speaks for the victim and takes control of conversations and the victim’s life (invading privacy).

Neglect

The caregiver fails to provide the basic essential personal care needs of the person.
Examples include water, food, medication, clothing, mobility aids, hygiene, social contact eyeglasses, neglect, and exercise.”

Active Neglect:

The deliberate failure of the caregiver to fulfil their caregiving responsibilities.
The unintentional failure of the caregiver to fulfil their caregiving responsibilities.

Signs of neglect may include:

Unkempt appearance, dirty clothing, and or signs of irregular bathing.
Unhealthy, dangerous, or chaotic living conditions.
Signs of bedsores, skin issues, bruises, wounds, or any other medical issue.

Financial Abuse

Financial abuse is the exploitation or theft of someone’s money, assets, or property. It can also include fraud, forgery, abuse of Power of Attorney, or access to the person’s bank account. Signs of financial abuse may include:

Forgeries on legal documents or cheques
Large bank withdrawals or transfers between accounts
Unusual activity in bank accounts
Unpaid bills or cancellation/eviction notices
Missing belongings and or property

Institutional Abuse

Institutional abuse involves the neglect and poor care practice within an institution or any other specific care setting such as in a hospital, care home, or residence. Signs of institutional abuse may include:

Financial abuse
Inappropriate use of power or control
Lack of possessions
No social contact
Poor hygiene or lack of
Unhealthy and or dangerous living conditions
Physical or verbal abuse
No flexibility in schedule/lack of choice
Lack of medical attention

Responding to Abuse and Neglect

If you suspect an elderly individual is in immediate danger, the best course of action is to contact the police by calling 911.

Compensation for Injuries

If you or a loved one has suffered from a personal injury at the hands of a caretaker in Metro-Vancouver, or to find out if you have grounds to sue an elderly provider, it is best to contact an experienced, compassionate personal injury lawyer who will advise you on the steps necessary to take action. At Tim Louis Law, we understand what an overwhelming time this can be and will fight on your behalf to ensure that you receive
the compensation you deserve for your injuries. For a free, no-obligation consultation, contact us by calling 604-732-7678 or email us at timlouis@timlouislaw.com.

Sources:

https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/health- safety/protection-from-elder-abuse-and-neglect
https://www.canada.ca/en/employment-social-development/campaigns/elder-abuse.html
https://www.canada.ca/en/employment-social-development/campaigns/elder- abuse/reality.html#b

Client Reviews

Long-Term Disability Lawsuit

Long-Term Disability Lawsuit:

Expert insights from long-term disability lawyer Tim Louis.

Many of my long-term disability clients are under the mistaken belief that if they win at trial the judge will order the insurance company to pay my client one lump sum equivalent to the amount of each monthly payment multiplied by the number of months from the trial to the date of my client’s retirement. Unfortunately, this is not the case. If you win your long-term disability lawsuit the court will order your insurance company to begin paying you monthly. There will be no lump sum representing what is referred to as “future benefits”.

With the above in mind, I was quite interested in the Court of Appeal decision in a case approximately three years ago. The Plaintiff, Nadine Lydia Gascoigne, had successfully sued Desjardins Financial Security Life Assurance Company for her long-term disability benefits. Her lawyer had asked the trial judge to aware a lump sum for Ms. Gascoigne’s future benefits. The trial judge refused to do so and instead ordered Desjardins to begin making monthly payments. Her lawyer appealed the trial judge’s decision not to award a lump sum for future benefits.

The BC Court of Appeal turned down Ms. Gascoigne’s appeal. Here are two paragraphs from the BC Court of Appeal Decision:

[29] In short, in my view, the trial judge correctly found he was bound by Warrington, as we are, to find that a non-contracting beneficiary of a group policy is entitled to enforce the payment of benefits, but not entitled to terminate the group policy or accept the insurer’s repudiation.
[30] The appellant did not advance any basis other than fundamental breach of the policy as a ground upon which she might be entitled to a lump sum award. It is not necessary, therefore, for us to determine whether such an award can be made for the breach of a disability insurance contract and breach of the duty of good faith. However, in this case, two obstacles stood in the way of such an award. First, the bad faith established was not found to be such as to preclude continuing performance of the parties’ contractual obligations, and second, the appellant’s own expert witness testified that she has “not yet reached the point of maximal medical improvement”. Some further interventions were contemplated, and she would suffer “some degree of vocational disability” for “an unknown period of time”. There was clearly a basis for the judge to say the evidence did not establish that the appellant would remain disabled from any occupation. He could properly regard that as a reason not to grant any relief other than the declaratory order made with respect to continuing benefits.

This means that the law remains as it always has been – if you successfully sue your long-term disability company, you will not be awarded a lump sum for future benefits, but rather begin receiving monthly payments.

Read more about the long-term disability lawsuit case here:

Gascoigne v. Desjardins Financial Security Life Assurance Co. (c.o.b. Desjardins Insurance), [2020] B.C.J. No. 1821, 2020 BCCA 316, British Columbia Court of Appeal, November 3, 2020, M.E. Saunders, P.M. Willcock and G.B. Butler JJ.A.

Client Reviews

By Tim Louis

August 25, 2021

Injury Claims Insurance Claims Personal Injury Lawyer Vancouver Vancouver Personal Injury Lawyer

Personal Injury: Understanding Whiplash

Personal Injury: Whiplash
Seek medical attention right away and contact an experienced personal injury lawyer, like Tim Louis,
who has the background, compassion, and skill to help you receive the compensation you deserve.

Personal Injuries: Understanding Whiplash

Whiplash is a relatively common personal injury caused by a sudden and forced rapid
back-and-forth motion of the head. Most people associate whiplash with a vehicle crash,
however, a personal injury like whiplash can also happen at any time, such as at the workplace, in sports, or from any type of fall or physical trauma. All forms of neck injuries can cause an intense flexing and extension of the neck — and usually involve the muscles, discs, nerves, and tendons.

How Do You Know if You Have Whiplash?

Your doctor will conduct a physical exam, observing your range of motion, and may order an
X-ray, MRI, or CT scan if they suspect you have whiplash or any other injury that has caused
damage to your spinal cord or if you have any other broken bones. In many cases, the injury
occurs within structures too microscopic to be visible on these tests, resulting in relying on
symptoms to tell if a patient has whiplash.

Symptoms of Whiplash

Many people assume that one must be hit hard from the front or behind to experience whiplash,
but in reality, it only takes roughly 5-10 mph speeds to get a jolt hard enough to give you a
serious whiplash injury. Thankfully, whiplash is not life-threatening, but for some several
symptoms can appear days, months, or even years later — leading to a substantially lowered
quality of life for those who suffer from a severe form of whiplash. Common symptoms may
include:

Dizziness

Fatigue

Jaw pain

Headache

Shoulder stiffness

Vision issues

Muscle spasms

Head and neck pain

Decreased range of motion

Back pain

Insomnia

Tinnitus

Issues with concentration

If you have been involved in an accident, ensure that you seek medical attention right away.
Even if you do not experience any of the above symptoms, it can take 48 hours or longer for
whiplash symptoms to present themselves after an injury. In more severe and chronic cases of
“whiplash associated disorder” symptoms may include:

Depression

Frustration and anger

Anxiety and stress

Possible drudge dependency

Post-traumatic stress syndrome (PTSD)

Insomnia

How Long Will Your Neck Hurt After An Accident?

Most people recover from whiplash within a couple of weeks up to a few months. However,
there is no specific timeline with regards to how long symptoms will last after a whiplash or any
other personal injury. Everyone is unique, and healing times can depend on the severity of the
injury, and whether scar tissue has formed — leading to other chronic issues such as disc
herniation and lifelong pain.

While some people may never experience symptoms after an injury, others may live with excruciating pain for weeks, months, or even years. Any severe neck injury requires ongoing medical attention and care, which can get expensive and should be taken into consideration related to your injury claim.

How is Whiplash Treated?

Your doctor may prescribe muscle relaxers and or anti-inflammatories to manage pain and
inflammation. Ice is often recommended for the first 24 hours after injury, and later, applying
heat may help loosen up tightened muscles and knots. For more serious whiplash injuries,
physical therapy may be recommended to help regain strength and range of motion. Studies
have shown that stretching and rotating the neck muscles is a more effective form of therapy.
Medical professionals now recommend this form of controlled movement as opposed to
immobilizing the neck in a soft cervical collar, which was the recommended option in the past.

How Can Personal Injury Lawyer Tim Louis Help With Your Whiplash Personal Injury?

Patients with minor symptoms may find that whiplash pain goes away within days or weeks.
However, those with more severe symptoms may require medical attention and extensive
therapy for pain relief and recovery. If you or a loved one is suffering from whiplash, your injury
may be more serious than you expected. Seek medical attention right away and contact an
experienced personal injury lawyer, like Tim Louis, who has the background, compassion, and skill to help you
receive the compensation you deserve. Delaying your personal injury case may be detrimental
to your future.

Contact our team today by calling 604-732-7678 or email Tim Louis at timlouis@timlouislaw.com for a no-obligation, free consultation. We’re on your side.

Client Reviews

By Tim Louis

August 17, 2021

Author: Tim Louis

Long-Term Disability Claim

However, Insurance Companies Deny Long-Term Disability Claims

Long-term Disability Claim Denied

Has your Long-Term Disability Claim Been Denied?

Long Term Disability Plan Regulation

Wrongful Termination

Employment Law: What is the difference between Statutory and Common Law?

What is Considered Wrongful Termination in British Columbia

Can I Sue for Wrongful Dismissal?

Wrongful Termination: What am I entitled to?

I have been Wrongfully Dismissed – what are the next steps?

Learn More about Your Rights

Fibromyalgia – Getting the Long-Term Disability Claim You Deserve

Fibromyalgia and Chronic Pain

Long-Term Disability Claims

Hire a Long-Term Disability Lawyer to get Long-Term Disability Benefits for Fibromyalgia

Learn More

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Workplace Injury – Can I sue my workplace for an injury?

Serious Workplace Injuries

Reporting a Workplace Injury

Repealing Workplace Injury Decisions

Workplace Safety

Injured on the Job?

Sources:

Client Reviews

Slip and Fall Injury

Sidewalk Slip and Fall Cases

Slip and Fall Cases

Personal Injury Lawyer Tim Louis – Slip and Fall Injury Claims

Client Reviews

Personal Injury Law Questions

“Are personal injury claims taxable?”

“How to hire a personal injury Lawyer?”

“When do I hire a personal injury lawyer?”

If you have been injured, contact Vancouver personal injury lawyer Tim Louis at (604) 732-7678.

Client Reviews

Termination Without Cause – Wrongful Dismissal

How Much Are You Entitled to When Terminated Without Cause in BC?

How Much Pay Are You Entitled To When Terminated Without Cause?

The Period of Common Law Notice Can Be Varied – BC Employment Law

Have You Been Terminated Without Cause in BC?

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Elder Abuse: What to Look For | Personal Injury

Types of Elder Abuse

Physical Abuse

Psychological Abuse

Neglect

Financial Abuse

Institutional Abuse

Responding to Abuse and Neglect

Compensation for Injuries

Sources:

Client Reviews

Long-Term Disability Lawsuit:

Read more about the long-term disability lawsuit case here:

Client Reviews

Personal Injuries: Understanding Whiplash

How Do You Know if You Have Whiplash?

Symptoms of Whiplash

How Long Will Your Neck Hurt After An Accident?

How is Whiplash Treated?

How Can Personal Injury Lawyer Tim Louis Help With Your Whiplash Personal Injury?

Client Reviews

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