Is It Worth Getting A Personal Injury Lawyer Part 2

Increasing Possible Compensation

Insurance will contempt you when you are representing yourself. The best way that you can use to protect your interests is hiring a lawyer. These are the experts who have the right training for the job. They are there to handle your affairs. At this point, this is the only friend that you can trust with your information. They are also the people that will give you their entire support.

They will, therefore, sought higher compensation. A personal injury attorney is experienced in the job. They will, therefore, know what to expect from an individual injury case. Through their interference, they will, therefore, give you the best ruling and sought the best possible offer. They understand that the high the compensation the high their share will be.

Claim Expenses

In every claim, you need to provide the required documents. There are so many documents that have to be availed to confirm where and how the accident happened. It pays a lot when you have to get the documents yourself. These include:

Filing Fees
Service Fees
Court reporter fees among others through an attorney, you don’t have to pay each of these costs. You are therefore able to get a functional recovery.

They have experience in obtaining these documents and will know how to get all the documents in a very smooth process, and you are therefore able to get a functional recovery.

accident lawyer at work

When Hiring a Personal Injury Lawyer

A good personal injury attorney is never found just like that. It is an investment of time and resources. Referrals work best. Ask your family and acquaintances about the people that you need to find as your priority. They can recommend a few lawyers who they have experience with. No one will support someone that gave them excellent services. You can as well take them through an excellent interview that will make them receive honest as well as answers that are well straightforward.

Investing time to get the best attorney gives you the financial compensation that you get to have. The right attorney will even go ahead to have the injured client maximizing their available insurance. They will give you great recommendations for the medical providers around you. These are the people that will assist you in the best way to recover from your injuries. They have an understanding where you are likely to be great and the payment made through the insurance compensations.

As we Wind Up…

If you have not yet hired an accident injury lawyer, you need to find one. Use all the available resource to get yourself the best person to avoid the last minute rush. Any injury will cost money, time away from work and other medical bills.

Before you hire an injury lawyer, you need to be patient and take them through an interview. A mistake in the injury lawyer can bring great problems later. Taking your time to select an attorney help you in getting the experienced and those that are not too busy to attend to your cases. They ought to give you a significant priority.

Personal Injury Lawyer Vancouver

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Truck Accidents in Vancouver | Tim Louis & Company Law in Vancouver

Is It Worth Getting A Personal Injury Lawyer

Have you ever been involved in an accident? It is such a hectic life-altering event. It is the moment you wish for the best, but you expect the worst. The personal injury comes in when you have been a victim of such an occurrence. How do you handle the situation? Where do you start? Who do you first consult when the position is more than you can control? Accidents might affect you a lot mentally. Your health insurance might start complications, and you are very weak t begin negotiations with them. This is precisely where the personal injury attorney comes in.

Hiring a personal injury lawyer comes along with significant advantages. You get to have great peace of mind as you have someone with the right knowledge of the law of the land. They will handle e all the required procedures that apply to all the injury claims that you get to have. With an attorney on your side, you will never go wrong.

car accident law includes trucks as well such as this photo

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They know how much your claim is worth. Most of the people do not have an understanding of how much amount of money they can get from their application. Every request that gets you either through an accident can as well benefit you. When you are doing it on your own, you are likely to leave it to go and concentrate on your recovery. This will, however, happen once you have the persona that will stand by your side. Some claims are worth a fortune. An attorney can put a value on your pain and suffering.

Most of the attorneys will take their cases on the contingency basis. This is the best case as there are no upfront costs. You do not have any reason to fail to hire a personal injury lawyer. Through this, they will be able to address your case accordingly.

They Are Experts In The Field

The reason he is an attorney is that he understood the entire legal process. They have as well been trained and certified before being allowed to represent people in legal matters. At times you get to develop a gap in your legal knowledge. Through this insurance companies help you in the legal action. They will help you get your compensation and even take your case to court in the case the insurance doesn’t work in the right way.

It would be a very hurting situation when you know that you missed a settlement of thousands of dollars just because you did not follow a few legal procedures.

injury attorneys library

Presents Confidence in the Insurance

Very few people are prepared to go to trial when you don’t have a well-renowned attorney. The insurance knows that you are prepared to go to trial. The case can even rule against your favor after you invested a lot of money in the case. Hiring an accident attorney makes things easier. They will help you through the case settlement. The lawyers are well trained to handle the situation, primarily through trial. Through statics, most of the cases have been battling against the different insurance companies. In such a case insurance will ensure that they get a motivating settle that will stop the case from proceeding to trial.

Vancouver Personal Injury Lawyer

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Earning Tips and Fired From Your Job? The Law Is On Your Side

no-money-law

If you have recently been fired or terminated from your job and your boss had no valid reason for doing so, that could fall under a wrongful dismissal, where you probably already know that your employer must pay you damages. This payment is in lieu of your employer giving you reasonable notice in cases of firing without just cause. As a general rule of thumb, the amount is equivalent to the salary or wages you would have received with termination with reasonable notice — anywhere between four weeks at the low end and six weeks at the high end for each year of employment.

Employers Are Liable For Tips and Gratuities

Where this can get complicated is if you were earning tips or gratuities in addition to your salary or wage while working somewhere like a bar or restaurant. If you’re like most people in such a line of work, you probably don’t declare all or most of your tips on your income tax return. The question is, in such a situation, is your employee liable to you not only for your base wages, but also for the tips you would have earned during the notice period? And, if your employer is liable for these tips, who calculates that amount — your employer or you?

The B.C. Supreme Court considered these questions, and the judgment is great news for people who earn part of their income from tips.

Sarah Chapple, a restaurant manager, took her employer, Umberto Management Inc., to court. In January 2007, she was dismissed after having worked for the defendant for more than 13 years.

The Umberto Management Inc. Case

The trial judge ruled that Umberto Management should have given Ms. Chapple 15 months’ notice, and therefore she was entitled to 15 months’ pay. As well, the trial judge went on to award her more than $70,000 for the tips she would have earned during the notice period, despite the fact she did not claim all of her gratuities on her income tax, nor did she or the defendant keep records of her tips.

restaurant-bar-law

The defendant appealed the trial judge’s decision. Firstly, Umberto Management alleged that they did have good reason to terminate her in the first place. Therefore, no notice was required. In the alternative, they argued that not only was 15 months’ notice excessive but the award of over $70,000 for tips was excessive, too.

The B.C. Court of Appeal rejected the defendant’s appeal on all grounds.

What does all this mean? If you have been recently terminated without cause by your employer and you earned tips or gratuities, the law is now firmly on your side.

The Differences Between Litigating Personal Injury in Canada Versus the United States

There are a number of differences between countries when litigating personal injury cases in Canada versus the United States. While the two legal systems generally share the same core values and principles and basic notions of rule of law, there are some major differences between the two systems. Canadians have a reputation of being less litigious than Americans, but the differences don’t stop there.

Court system

Canada has a three-court system, which includes superior, federal and provincial. Personal injury and car accident cases are legislated under the provincial court. In the United States, the federal court plays a larger role in these types of cases. Judges in Canada are also appointed by the federal or provincial government, as opposed to being elected, as they are in the States. This can lessen the influence of politics on a judge’s taking to the bench.

During the court procedures in Canada, claims are assigned to one court, which can result in different judges hearing the motions over the course of a civil action. In opposition, civil cases in the U.S. are assigned to one judge, who will preside over all court actions. It is also rare for Canadians to employ a jury system in the courts during a civil matter.

When assessing cases and history, Canadian courts not only look to Canadian judgments but also what’s happened historically in foreign cases. The U.S., on the other hand, relies mainly on what’s happened in the U.S. when they have legal questions.

judges gavel The Province of Quebec has a court system much different from the other Canadian provinces, which applies many of the civil law traditions of France.

In Canada, the pretrial process is much more restricted than it is for their U.S. counterparts. Examinations of witnesses in the United States allow for multiple witness testimony, whereas in Canada, only one witness is able to testify on behalf of each party. As well, examinations for discovery can’t exceed seven hours in Canada, so they are time-limited. The U.S. rules for depositions (as it is called in that country) are much broader and allow for more time and examination of witnesses and evidence.

Cost & Damages

Litigating cases in Canada is less expensive than what it would cost in the U.S. and this is mainly because the rules of procedure are reduced. As well, what the winner of a legal case will get in damages can be much less than what they would get in the U.S., although losers are often made to pay for legal costs. In Canada, the losing side of a dispute will be asked to pay legal costs to the winning side, which can typically include lawyer’s fees and disbursements. If the losing party refused a reasonable offer before judgment, these costs may be even greater, although punitive damages are an infrequent occurrence in Canadian courts. General damage awards for pain and suffering are capped at CDN$300,000 in Canada. In the U.S., the losing party is often penalized with compensatory and punitive damages, in a greater amount (often astronomically greater) than what is typically seen in Canada.

Filing a personal injury claim if you are a Canadian injured in the United States

If you’ve been hurt outside of Canada, there are limitations to whether you can get your personal injury case heard in a Canadian court. The defendants need to either live or carry on business in Canada in order for the case to be under the jurisdiction of the Canadian courts. When it comes to motor vehicle accidents, if the insurance companies for both parties are located in Canada or have Canadian subsidiaries, you are able to file your case in a Canadian court.

The courts will look at other factors when determining jurisdiction, such as if the plaintiff is unable to pursue the matters outside of the country due to their extensive injuries. If they need medical attention in Canada as required because of the accident, the courts may decide to allow the case to be tried in a Canadian court.

Cross-border personal injury cases are complex and often the at-fault party in the U.S. may not have sufficient insurance to pay your claim due to lower minimum insurance requirements. Consulting a car accident lawyer is your best bet in getting your claim heard and your rights protected.

For more information about filing a claim if you have been injured through no fault of your own, contact Vancouver personal injury lawyer Tim Louis today at 604-732-7678.

Additional information for this post provided by the Law Office of Rodney K. Okano in Las Vegas, Nv.

BC Employment Law: Seek Advice From An Labour Lawyer If You Haven’t Been Paid By Your Employer

a-broke-employee-in-vancouver-bc
If you have not been paid wages by your employer, you may be trying to decide whether to sue or, instead, to file a complaint with the Employment Standards Branch under the Employment Standards Act. Before you decide which route to take, you may wish to get advice from an employment or labor lawyer. This is especially important after a recent Small Claims Court decision.

The Small Claims Court recently considered the case of an employee who had not been paid wages by his employer. At Small Claims, this employee did not have a lawyer – he represented himself. I am disappointed to tell you that the employer succeeded in having the case dismissed.

The employer drew the Court’s attention to Section 82 of the Employment Standards Act. This section requires the employee to obtain the consent of the Director of Employment Standards to take the employer to Court if the dispute has already been ruled on by the Employment Standard’s Branch. In this case, the employee had already taken the dispute to the Employment Standards Branch. The employee was successful but could only get an order for six months worth of back wages because the Employment Standards Act limits claims for unpaid wages to a six-month maximum.

In this case, the employee was owed back wages beyond six months.

After his success at the Employment Standards Branch, the employee sued in Small Claims Court for the back wages not covered by the six month limit.

An Employment Judge in Vancouver, BC The employee did not get permission from the Director of the Employment Standards Branch. The Small Claims Court Judges accepted the employer’s argument that the case must therefore be dismissed.

Hindsight is 20:20. but in this case, the employee would have been better off just suing in Small Claims Court for the entire claim of unpaid wages.

If you have not been paid by your employer, you may wish to consider seeking the advice of an employment/labor lawyer before deciding what to do. Call Vancouver wrongful dismissal lawyer Tim Louis today at (604) 732-7678.

BC Employment Law: Insubordination – Is it grounds for termination?

stressed-out-employee

BC Employment Law: Insubordination – Is it grounds for termination?

You have just been asked by your boss to carry out a new procedure he thinks will be much better than the current procedure. However, your boss does not have the hands-on experience you do and you know from past experience that every time he comes up with a new procedure he thinks will be much better, it turns out more often than not, his new procedure is not practical.

If you decide not to carry out your employer’s latest new idea, and you are fired, can you successfully sue for wrongful dismissal if you can demonstrate to the Court that your employer’s new idea was not going to work?

As an employment lawyer, I am frequently asked for advice from clients in situations similar to the above. These clients want to know if they will be able to successfully sue their employer for wrongful dismissal/wrongful termination if they are fired after refusing to carry out their employer’s directions.

An Employee that has been Terminated for Insubordination Surprisingly, the law is not on the side of the employee in cases where an employer’s directive is intentionally disregarded – even if the employee had good reason to believe the directive was a poor management decision.

Our B.C. Court of Appeal recently heard an appeal of a Trial Judge’s decision. The Trial Judge had dismissed a wrongful dismissal/termination lawsuit brought on by a senior manager, against his employer, after he was fired.

The B.C. Court of Appeal, in dismissing the senior manager’s appeal, thoroughly reviewed the law and referred to many longstanding cases. In summary, the Court concluded that, unless the employer’s direction is illegal, dishonest or would risk the employee’s safety, the employee must follow the direction. To do otherwise gives the employer grounds to terminate the employee with cause. The result is that a lawsuit by the terminated employee will fail.

You might think you are making the right decision in not carrying out the employer’s instruction but unless you are being asked to do something illegal, dishonest or something that will put your safety at risk, you run the risk of losing your job and not being able to sue. If you are thinking of refusing to follow your employer’s instruction, make sure to speak with an employment or labor lawyer first.

Technology – Putting the Client First

Just over three years ago, I decided it was time we went paperless. One year of due diligence later and I decided to go forward with a product called Primafact. Primafact allows us to simply and efficiently scan and file all documents on a client matter. The transition was painless. We used the accrual approach – we did not scan all the existing paper files. Instead, with each new client file moving forward, we went paperless.

The benefits of going paperless have been enormous, not just saving us time in the office but also dramatically improving client service. For instance, when a client calls with a question, we no longer need to put the call on hold, walk to the filing cabinet, pull the file, and look for the relevant document. Instead, with the click of a button, we can find what we’re looking for with client on the phone in a matter of seconds.

Just over one year ago, I decided it was time to move the office to the cloud. This would make it possible for all office staff and myself to access everything in a client’s file no matter where we were. Just like going paperless, deciding on which company to go with took a lot of research. I’m very happy I decided to go with I-Worx. Just last month, we completed our move into the cloud. We no longer need to bring the entire file with us to Discoveries, Court Applications and Trials. It is all in our laptop or Ipad. Working from home is now a piece of cake!

The third and last item on my technology to-do list is VOIP – Voice Over Internet Protocol. I interviewed so many vendors that the process became overwhelming. Not surprising given the fact that lawyers are not trained in technology. A lawyer friend of mine recommended I hire a consultant, Vic Buehler. He found an option that had all the bells and whistles I was looking for and more – Telus’ Ringcentral. We hope have our new VOIP system installed within the next 4 weeks.

It’s hard to believe that when I got called to the Bar in 1984 we still had typewriters!

MEDICAL EXPENSES: Can Renovations Be Claimed?

In a September 13, 2013 Tax Court of Canada case, the taxpayer’s claim for amounts paid to install engineered hardwood flooring as a medical expense was denied by CRA. The engineered hardwood replaced fairly new carpet in the taxpayer’s five year old home on the advice that her husband, who suffers from progressively debilitating Parkinson’s disease and psoriatic arthritis, was at serious risk of a fall due to the carpet.

There was no dispute that the new flooring would enable the Appellant’s husband to be more mobile and functional within the dwelling. However, in order to claim a medical expense, the law also requires that the expense:

i. not typically be expected to increase the value of the dwelling; and

ii. not normally be incurred by persons who have normal physical development or who do not have a severe and prolonged mobility impairment.

CRA argued that the engineered hardwood flooring had to be excluded under both requirements.

Taxpayer wins

The Court was satisfied with the evidence that modestly priced engineered hardwood flooring, as opposed to solid hardwood flooring, would not typically increase the value of the property, especially when replacing fairly new, quality carpet in only a portion of the home. The Court further concluded that the taxpayer “only put in what was necessary” and that this expense would not normally have been incurred in the absence of the medical need. As such, the expense was allowed.

Large medical expenses are routinely reviewed by CRA. Contact us before incurring significant costs to determine if they may qualify as a medical expense.

Finding the Right Personal Injury Lawyer for you

The phone book is the last place to look if you are trying to find a Vancouver personal injury lawyer. Yellow page ad size is more an indicator of the lawyer’s advertising budget than it is the lawyer’s skill set or his/her fit with you and your expectations.

Interviewing a Personal Injury Lawyer

The best way to make certain you hire a personal injury lawyer you have confidence in and feel comfortable with is to take the time to meet with and interview your potential lawyer. Some of the factors you may wish to consider when interviewing different lawyers are:

how comfortable was the lawyer in answering your questions?
how interested was the lawyer in your individual case?
how accessible the lawyer will be to you – while you will be working with her/his support staff to some degree, will you also be working with the lawyer directly?
will the lawyer be keeping you up to date at every step of the lawsuit, and if so, how?

Consider word of mouth and referrals

The best way to make sure that you hire a personal injury lawyer who will have success with your case is word of mouth. If you don’t know someone [e.g. Friend, neighbor, co-worker etc.] who can refer you to a lawyer with whom they’ve had a successful experience, then ask the lawyer you’re interviewing if she/he can refer you to satisfied clients that you may contact.

The support staff of a personal injury lawyer is important

Although the personal injury lawyer you are interviewing will be the person responsible for the overall management of your case, her/his support staff will be the individuals you deal with most of the time – no matter how accessible the lawyer. Keep this in mind when you set up and attend at the lawyer interview appointment. How are you dealt with over the phone? How are you greeted in the office? What is your first impression of the office as a whole and the support staff you come in contact with – however briefly? First impressions count!

Remember, yellow pages no – interview yes! Call an experienced Vancouver personal injury lawyer at Tim Louis and Company Law today to setup your interview with us.

A Personal Injury Lawyer’s Tips for Mediation!

personal injury law mediation Most clients who come to my Vancouver Personal Injury law practice have heard of mediation. However, in order to take full advantage of mediation, a number of key points must be understood by you, the client, before the mediation takes place.

How I select the mediator – Each personal injury case is unique – the complexity, the adjuster’s personality and how you, the client, present, are all factors that I consider before coming up with my shortlist of preferred mediators. I then post my shortlist on the Trial Lawyers Association of BC ListServ to find the best match for your case.
At mediation, I present as though we were at your trial – providing the Court with my opening statement – I want the adjuster to see first hand how “trial-ready” I am. If the adjuster has come to mediation without enough authority to settle the case, I terminate the mediation. Because I presented as “trial-ready”, more often than not, when the adjuster returns to his/her office, the insurance company increases the offer. Adjusters that witness firsthand just how effective I am going to be at trial get the authority they need to settle the file.
I focus my attention on the adjuster – Up untill the mediation, everything the adjuster has learned about your personal injury case has been filtered through the insurance company’s lawyer. Mediation is my golden opportunity to speak directly with the adjuster. Remember it is the adjuster who carries the check book – not the insurance company’s lawyer.
How I handle weaknesses in your case – Every personal injury case has weaknesses. If it didn’t, it wouldn’t be in litigation. I quickly get the weaknesses out of the way by admitting them. This shifts the discussion onto the strengths of your case. Too much time spent haggling over points that are going to be lost at the end of the day, anyway, weakens your case. Better to fight on terrain that benefits us.
I don’t reveal your bottom line ever – not even to the mediator – As soon as the other side learns of your bottom line, you can guarantee that your case will settle for less than this amount. Your floor has been turned into a ceiling.
Be prepared to ‘walk’ – Adjusters get great pleasure from drawing a line in the sand. If that line is below your bottom line, I terminate the mediation then and there. It is my experience that once the adjuster gets back to his/her office, a new higher offer is forthcoming.
I do everything I can to get the adjuster to put their cards on the table – Sometimes the adjuster and the insurance company lawyer keep their cards too close to the chest in the presence of you, the client. Simple solution – I ask my client to ‘wait in the hall’. This can work magic. I learn more about the other side’s view of the case than I ever would have learned with you, the client, present. If your case does not settle, I am that much better prepared for trial.

So, those are the thoughts of a Vancouver Personal Injury Lawyer.

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Author: Tim Louis

Is It Worth Getting A Personal Injury Lawyer Part 2

Increasing Possible Compensation

Claim Expenses

When Hiring a Personal Injury Lawyer

As we Wind Up…

Is It Worth Getting A Personal Injury Lawyer

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They Are Experts In The Field

Presents Confidence in the Insurance

Earning Tips and Fired From Your Job? The Law Is On Your Side

Employers Are Liable For Tips and Gratuities

The Umberto Management Inc. Case

The Differences Between Litigating Personal Injury in Canada Versus the United States

Court system

Cost & Damages

Filing a personal injury claim if you are a Canadian injured in the United States

BC Employment Law: Seek Advice From An Labour Lawyer If You Haven’t Been Paid By Your Employer

BC Employment Law: Insubordination – Is it grounds for termination?

BC Employment Law: Insubordination – Is it grounds for termination?

Technology – Putting the Client First

MEDICAL EXPENSES: Can Renovations Be Claimed?

Finding the Right Personal Injury Lawyer for you

Interviewing a Personal Injury Lawyer

Consider word of mouth and referrals

The support staff of a personal injury lawyer is important

A Personal Injury Lawyer’s Tips for Mediation!

Contact Tim Louis & Company Law Firm

About Tim Louis & Company Law Firm

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