Injured? Hire a personal injury Lawyer | Tim Louis and Company

Leading Accidents that Result in Concussion

A concussion is a mild form of Traumatic brain injury (TBI) that affects brain function and usually caused by a blow to the head, bump, violent shake or any blunt force to the area. Concussions are usually temporary but are a common result of motor vehicle accidents or any other form of personal injury. It’s important to note that even a violent shake of the upper body can cause a concussion.

Most of those who suffer from a concussion, recover quickly and fully. However, in more serious cases, symptoms can last for weeks or longer.

Symptoms of a Concussion

It’s important to know that concussions don’t always present symptoms. If symptoms do show up, they may not present themselves right away and can last for days, weeks or longer. The most common symptoms of a concussive traumatic brain injury are amnesia (memory loss), headaches and disorientation.

Physical Symptoms of Concussion:

Ears ringing
Headaches
Nausea
Vomiting
Fatigue
Blurry vision
Fluid or blood draining from the nose or ears

Other symptoms may include:

The inability to remember the traumatic event that caused the concussion
Confusion
Feeling of dizziness / Confusion
Problems with speech
Sleep disturbances
Feelings of depression, nervousness and/or anxiety
Feeling isolated or alone

When to Seek Medical Attention

Seek medical attention immediately if you or your child has suffered from a head injury – even if emergency care isn’t required.

Leading Accidents that Result in Concussion:

Motor Vehicle Related Injury

Motor vehicle accidents are a common cause of mild or severe TBIs or concussions. These head injuries can occur from any head injury such as hitting the dashboard, driver window or another passenger.

Slip & Falls

When you think about a slip and fall injury, you probably imagine sprains, broken bones, bad bruises or pulled tendons. Head injuries though are very common – so common in fact that they are one of the leading causes of mild to very severe, life-changing forms of concussion.

Any of these slip and fall accidents can result in a mild to severe concussion:

Slipping on the wet floor
Falling in a store and knocking your head on the floor or against a shelf
Tripping over an obstacle or crack on the sidewalk resulting in a blow to the head
Falling in around someone’s residence and knocking your head

Assaults

It’s obvious that victims of any type of physical assault are at risk for having a concussion. Any blow to the head, twist and or fall can result in a mild to serious head injury.

Playing Sports

The Public Health Agency of Canada Reports that for females, approximately 20,000 (45%) of brain injuries result from sports and recreation. For males, approximately 26,000 (54%) of brain injuries result from sports or recreational injuries.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), Ice Hockey, Rugby and Ringette are the most common sports with the highest the proportion of brain injuries among children and youth 5-19 years of age, ranging from 27% to 44% of all injuries that happened while playing these sports.

According to the government of Canada, 1 in 2 Canadians has little to no knowledge about concussions. Since only 4 in 10 Canadians are aware of available concussion tools and resources, we have added some reliable and trusted sources below to learn more about the causes and treatment of mild or severe concussions.

Contact A Trusted Personal Injury Lawyer

If you or a loved one has suffered from a mild or severe concussion resulting from a motor vehicle collision, or slip and fall, Tim Louis and his compassionate and talented legal team can give you the reliable, trusted advice you require. Contact us today for a free consultation at 604-732-7678 or TimLouis@TimLouisLaw.com

Sources:

https://www.canada.ca/en/public-health/services/diseases/concussion-sign-symptoms/concussion-sport-infographic.html

https://my.clevelandclinic.org/health/diseases/15038-concussion

Personal Injury Claim for Your Kids | Tim Louis & Company Law in Vancouver

Personal Injury Claims for Children

For any parent or guardian, knowing that a child in their care has been injured can be a stressful ordeal. Of course, the number one concern after a vehicle collision is the child’s well being. However, if you are unsure about the next steps to take after an accident, we have gathered essential information necessary to ensure your child’s personal injury claim is filed. Note it is always best to contact an experienced personal injury lawyer to alleviate the stress of dealing with a complex claim involving children.

Personal Injury Claims for Minors

Personal injury claims for children can be an intricate and complex process. As much as you may want to just focus on your child’s health during this difficult, stressful time, it’s important to be aware of the steps necessary to ensure that your child’s injury resulting from an accident is documented and a personal injury claim is submitted as soon as possible.

Start a Claim As Soon As Possible

It is always ideal to start a claim sooner rather than later. If a claim is submitted immediately, key evidence can be submitted before it is lost and any witnesses will still have clear details of the accident fresh in their mind — which will, in turn, help the claim.

Children do not always have the ability to articulate express their feelings – so documenting any changes in mood and behaviour is important. Children’s claims can span a number of years — another good reason to start a claim immediately and document every detail along the way.

How Long Does a Child Have to Make a Personal Injury Claim?

Another good reason to start a claim right away is the fact that there can be certain time limits to adhere to. As an example, if a child has been injured in a vehicle collision, he or she may be entitled to ICBC part 7 benefits (a no-fault portion of ICBC insurance coverage). http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

ICBC Part 7 Benefits include the following:

Medical and rehabilitation benefits
Funeral and death benefits
Disability (lost earnings) benefits

The most commonly known limitation for child claims is 2 years, which doesn’t start until the child turns 19. Another less common limitation in relation to ICBC is also 2 years, but begins right after the crash occurred – and can end as early as the 1-year mark after the accident occurred.

Compensation Settlements for Children

BC law recognizes that children under the age of 19 may be unaware of their rights and may not be able to fully understand the complexities of the situation and are unable to represent themselves. For this reason, minors are prohibited from representing themselves and require an adult to submit the personal injury claim on their behalf. There are 2 options available:

1. A litigation guardian can be appointed
(Typically a parent or close relative will pursue a claim on the child’s behalf)

2. The child may wait until their 19th birthday to pursue a claim. When this happens, he/she has 2 years in which to submit a claim (must be settled by his/her 21st birthday).

Speak to a Lawyer Right After Your Child’s Accident

Personal injury cases involving children are extremely complex. If you or your child has been injured in a motor vehicle collision in Metro Vancouver, Tim Louis and his compassionate and experienced team can give you the reliable and trusted advice you deserve, deal with ICBC on your behalf and ensure that the limitation for your child’s Part 7 ICBC benefits does not get missed. Contact us today for a free consultation and we’ll do everything we possibly can to get the personal injury settlement your child deserves. Contact 604-732-7678 or timlouis@timlouislaw.com. We’re here to help.

Sources:
http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

With car accidents a regular daily occurrence, it is not always clear what the underlying cause is until a thorough investigation has been concluded. With a number of accidents attributed to excessive speed, driving under the influence, driver error or weather conditions – it can be easy to forget that some accidents are caused simply due to the neglect of routine maintenance — leading to vehicle complications or even mechanical failure if left unchecked.

Keeping your vehicle maintained can go a long way in avoiding accidents caused by mechanical failures. Here are a few of the most common mechanical failures and what to look out for to ensure your vehicle is in tip-top shape:

Prevent Car Accidents – Check Your Brakes

brake pads Brakes are an essential safety feature we use as drivers on the road. However, brakes can also be one of the most ignored when it comes to routine checks – often being left completely worn before a proper inspection or needed replacement. If your brakes are not properly maintained, you could find yourself braking harder on the road,
throwing off drivers behind you, or prevent you from stopping – injuring other drivers, pedestrians or yourself and your passengers.

Here are some early signs of brake wear to look out for:

Excessive vibration when applying pressure to your brakes
Reduced responsiveness while braking (spongy or soft brake pedal)
Noticeable pulling when applying pressure to your brakes
Frequent or infrequent squealing or screeching noises while braking
Loud metallic grinding noises coming from your brakes

Tires – maintain them to prevent car accidents

Your vehicle’s tires keep you moving – gripping the road through poor road conditions, ensuring that you arrive at your destination safe and sound. This is why it is crucial to conduct routine checks on your tires daily and before taking any extended trips – ensuring your tires are in the best shape possible.

Early signs that you may need to have your tires rotated or replaced can include:

Bulges, gouges, or cracks in the tire or tire sidewall
Significant and/or uneven tread wear
Tires losing pressure or deflating faster than normal
Excessive vibration while driving

brake light

Headlights/Taillights/Brake Lights

The lights on your vehicle allow you to see – and be seen. This makes them one of the most important safety features for your vehicle in terms of accident prevention while driving. However, lights do fail — which is why you should be conducting a routine inspection of all lighting systems on your vehicle before driving.

Signs that you may need to have your headlights or taillights inspected or replaced can include:

Significant dimming over time
Flickering or random fading
One or multiple bulbs going dark
Significant time passing (better safe than sorry)

Malfunctioning Windshield Wipers can Cause Car Accidents

Windshield wipers can make a big difference in overall driver safety and visibility — removing dirt, rain, and snow – while running for hours at a time to keep your view of the road clear at all times.

Unfortunately, windshield wipers do wear over time – often warping, cracking or even tearing from long-term use in heavy weather — this can cause them to lose their flexibility and even fail altogether. You should always keep an eye on your wipers and check them daily to ensure they are functioning properly.

Signs that you may need to have your windshield wipers replaced can include:

Streaking
Unusual noise or squealing
Skidding or Irregular movement
Ragged or distorted blades

Contact A Personal Injury Lawyer

Drivers and passengers who are injured in accidents that are the result of mechanical failure may wish to contact a personal injury lawyer. Contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve.
To book your free consultation, call 604-732-7678, or email timlouis@timlouislaw.com. We’re here to help.

Common Personal Injuries Following a Traffic Accident

personal injury

Personal Injuries from Car Accidents

If you or someone you care about has recently been in an automobile accident, you may wonder how severe or how common your injury is – should you go ahead and pursue a claim?

The simple fact is you may not feel pain immediately following an auto collision. Symptoms and pain may start to creep up on you weeks or even months later. That’s why it is crucial to have a thorough medical exam as soon as possible following any type of vehicular accident.

Common Personal injuries Following a Traffic Accident:

Neck Injuries

Neck injuries are often one of the most common complaints after an automobile accident.

Whether the impact to the vehicle is minimal or severe, the neck can be one of the most sensitive parts of the body and is easily affected by any type of collision.

Whiplash is the most common as the head shakes to the side or backwards; an extreme amount of pressure is put on ligaments – causing soft tissue damage that results in strains or sprains. Pain is not always felt immediately as symptoms can be overlooked due to shock and heavy adrenaline coursing through the body following a crash. It is important to get checked out by a medical professional immediately.

Spinal Cord/Back Injuries

Damage to the spinal cord, whether it is slight or serious, can cause significant nerve damage and in extreme cases can cause permanent paralysis. Examples of other serious spinal injuries include herniated discs, fractures, sprains and lumbar disc injuries. Don’t underestimate even mild back pain following an accident! Symptoms may surface weeks or even months after an auto collision.

Internal Injuries

crash test collision

The sudden impact from a collision can cause severe damage to internal organs and may have serious implications such as damage to the spleen, lungs, heart, kidneys, bowels or liver amongst others.

Rib fractures are also quite common. Such fractures may lead to other injuries, resulting in punctured lungs and other organs. Internal injuries can be fatal, so it is important to get checked out by a medical professional immediately after a traffic accident.

Head & Brain Injuries – personal injuries from a car accident

Head and brain injuries are some of the most common and most debilitating injuries suffered by passengers and drivers of automobile accidents. Symptoms can be mild to severe depending on where a person is located in the vehicle and the level of violent force impacted to the skull. Even without physical signs of trauma such as cuts or bruises, sudden force to the head can cause damage to the brain – which is why it is important to seek medical attention straight away.

Facial Injuries

Facial injuries are common and can result from hitting the dashboard, steering wheel, windshield, airbag, side window, back seat or shattered glass. The severity of injury varies ranging from minor cuts and bruises to jaw fractures and can even cause serious dental injuries.

Psychological Injuries

stress Regardless of any physical injuries that result from a traumatic auto collision, emotional distress is very real and can easily be overlooked when the focus is on visual signs of trauma. Everyone responds to stress differently and depending on how severe the crash; anxiety, depression, panic attacks and post-traumatic stress disorder can all be the direct result of an auto accident.

Personal injuries as the result of an automobile collision should never be taken lightly as the long-term effects of a serious injury can be devastating to one’s quality of life.

You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

Do I Need A Personal Injury Lawyer?

Hire a personal injury lawyer after concussion

Do you need to Hire a Personal Injury Lawyer

A lawyer is not needed when making an injury compensation claim, but it is highly recommended that you have one. When you hire a lawyer it doesn’t mean you are ready to go to court it just says you want to seek legal advice from someone rational who is not emotionally involved in the claim.

Things You Should

It is not necessary to hire a lawyer when dealing with the Insurance Corporation of British Colombia (ICBC), but if you do, then you must make very informed decisions. The ICBC will appoint an experienced adjuster, who works for them, to negotiate for the settlement of your claim at a reasonable amount from ICBS’s point of view. The adjustors continuously deal with injury claim so they will be tough negotiators.

A good lawyer will do the following for you:

Advise you accordingly
Try and obtain a fair settlement for you
Collect evidence and proper medical information
Decide the extent to which you should be compensated in regards to your case

If your lawyer and the designated adjustor can’t come to a proper settlement, then it’s up to your lawyers to take the case to court so that they can obtain a full and fair compensation on your behalf. Less than 1% of the ICBC claims proceed to court.

Advice

If you are unsure on whether you should enlist for the services of a lawyer then pay a visit to one of the many experienced BC personal injury lawyers and seek legal advice and also obtain knowledge on the matter. Most of the lawyers offer initial legal consultation free of charge or obligations. After the meeting, you will be in a better position to decide whether you need to hire a lawyer.

the worldwide logo of personal injury lawyers

What Do Lawyers Cost?

The cost of a lawyer is entirely dependent on the case in which they are handling. In a personal injury insurance claim, you have the right to hire a lawyer and pay on a contingency basis. A contingency fee agreement means that the lawyer you hire will accept a predetermined fixed percentage of the recovery or the money to be paid to the client, if you recover nothing from your claim then you shouldn’t spend your lawyer anything. Regularly, contingency fees in British Colombia range from 20 to 33 percent of the total recoverable amount. Lawyers hired on contingency basis receive their payments at the time when they collect your compensation cheque from the insurance firm not before.

Most of the time when you want to enlist for the services of a lawyer you have to visit him. During the first meeting the lawyer gets to familiarize himself with a case, and then you will move on to the sensitive fee issue, make sure you understand the fee contract before signing it. In some cases the lawyer’s services can be paid using a predetermined hourly rate, when using such a mode of payment the lawyer may ask you for a retainer, a retainer is an amount of money that acts as security and will be used to meet the lawyer’s upcoming expenses, the lawyer will thereafter send you interim accounts for immediate payment. The method of payment while hiring a lawyer is entirely up to you.

While still discussing the topic of remuneration you must get to understand who will be responsible for disbursements. Disbursements are the expenses that the lawyer will incur in the prosecution of the claim example of such fees are the cost of medical records, cost of hiring experts, court registry fees, and other similar expenses. The disbursements may quickly sum up to thousands of dollars.

If you are to pay the lawyer on a contingency fee basis, then all the expenses incurred in the prosecution of the claim are covered by financed by the firm. It’s important to understand who will be responsible for this cost is they can’t be recovered from the ICBC. At times lawyers will deduct the expenses from their final fee if they can’t be collected as part of their final settlement.

Protection Of The Public

There are specific laws in place to govern the relationship between the lawyers and their clients. The rules of the law society of British Colombia states that in case a court awards a higher amount, the maximum amount a lawyer is entitled to for personal injury and wrongful death arising from the use or operation of a vehicle is 33.33%. Lawyers rarely charge this percentage except in exceptional circumstances like a highly complicated case or if several numbers of procedures need to be taken to bring the claim to an amicable solution.

Also, there is a 90 day cooling off period; the law states that within 90 days of hiring a lawyer you can appeal to the district registrar of the supreme court of British Colombia to have the agreement reviewed if the fee is found to be too high it shall be adjusted accordingly.

Personal Injury Attorney Vancouver

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://bc.timlouis.com/

Car Accidents