Anxiety and Long Term Disability Claims

Anxiety has become a far more common challenge for many in recent years. While the severity of symptoms may vary, many of us have experienced a certain level of anxiety at some point in our lives. For some people, anxiety and panic levels can interfere with daily activities — requiring professional help to cope and help manage the symptoms.

Below are the 5 most common types of anxiety disorders:

Panic Disorder

People who suffer from panic disorder experience sudden and ongoing intense feelings of terror and emotional control loss. Many symptoms are unique to each individual and can include a racing heartbeat, shortness of breath, dizziness, nausea, chest pain, and numbness, to name a few. According to the National Institute of Mental Health, women are twice as likely to suffer from the condition.

Obsessive-Compulsive Disorder (OCD)

A mental health disorder that affects individuals of all ages, OCD occurs when a person gets caught up in a pattern of sudden compulsions and obsessions. These obsessions (thoughts/images/behaviours are not welcomed by the person and can severely disrupt important daily activities.

Generalized Anxiety Disorder (GAD)

GAD can be characterized by persistent, uncontrollable, ongoing worry about a wide variety of things and events. People who suffer from this disorder excessively worry and anticipate disaster — even if there is no reason to warrant this type of worry. Symptoms can include irritability, having a constant sense of danger, difficulty concentrating, disrupted sleep, fatigue, and increased rapid heartbeat, to name a few.

Post-Traumatic Stress Disorder (PTSD)

PTSD can develop after being exposed to a traumatic event such as a motor vehicle accident, natural disaster, war, assault, a threat with death, or witnesses who have experienced these traumatic events. People with PTSD feel a heightened sense of danger, causing them to feel fearful even when, in reality, they are safe. This is due to the natural fight-or-flight response, which is altered with those who suffer from the disorder.

Social Anxiety Disorder (SAD)

Social Anxiety Disorder, also known as social phobia, is a type of anxiety disorder that causes extreme distress in social settings. Social anxiety is different from shyness, as it is more extreme, persistent, and debilitating. Symptoms can include nausea, rapid heartbeat, trembling, excessive sweating, worrying for days before a social event, excessive worry about embarrassment, missing school, or work because of anxiety. These are just a few symptoms that can take over someone’s life in a negative way.

Why Long-Term Disability Claims are Denied

Long-term disability claims may be denied because of the lack of regular medical care or treatment. Ensuring that you attend all medical appointments and any necessary prescribed medication from a professional specializing in mental health is essential if you want to reduce your chances of having a long-term disability claim denied.

Documentation is Important

Having all of the correct documentation in order and submitted on time is a must for any long-term disability claim submission. Hiring an experienced lawyer specializing in long-term disability claims can ensure that you have all of the correct documents submitted within the specified time frame and any other necessary details that must be sent with your long-term disability application.

Contact Tim Louis & Company Today

An anxiety disorder can have a lasting impact on one’s quality of life. If you or a loved one is experiencing anxiety and has been unable to work because of the condition, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com. We will make sure to evaluate your situation and advise the best options.

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Long-Term Disability Lawsuit | Tim Louis & Co

Long-Term Disability Lawsuits: Know the Steps

A long-term disability lawsuit can be an intensive, lengthy process. The time it takes depends on the type of disability plan and can be a complex undertaking. The best option is to contact an experienced and knowledgeable long-term disability personal injury lawyer for trusted advice.

Which Disability Plan Do You Qualify For?

First, your lawyer must determine which disability plan you qualify for:

Short-term disability
Employer sick pay
Employer insurance sickness benefits
Canadian pension plan (CPP)
Long-term disability
Canadian pension plan

Professional Medical Support

Secondly, in order to begin the process, you must have medical evidence supporting your disability claim. Without support from a medical professional, a long-term disability lawsuit claim cannot move forward.

When You Apply for Disability

Ensure that you collect and accurately fill out all related paperwork and/or applications for disability coverage and submit them. If you have any questions, contact your trusted lawyer for clarification – it’s essential that applications for disability are filled out completely before submission, and of course, turned in by the deadline.

Right After You Apply for Disability

Once you have submitted your application for disability, it’s important to know that you may harm your benefits during the transmission period from an employee, to someone on sick leave. For instance, if your employer requests that you accept a severance package, or encourages you to resign from the company, do not agree under any circumstances. If you agree with any of the aforementioned, ruining your chances of receiving disability will be likely (resigning from the company revokes your ability to receive disability benefits).

Waiting for a Decision

In some cases, you may have to be patient when it comes to waiting for a decision to be made on your disability lawsuit. However, generally, it takes roughly 30 days after you have submitted your application. If you have waited longer than 30 days, ensure that you follow up with your lawyer.

When Do I File a Long-Term Lawsuit?

If your disability claim is denied or the amount you sued for is less than you require, your lawyer will assist and collect all of the required documentation to present as evidence for your long-term disability lawsuit. Additional medical examinations may be required to show that you have a disability and are unable to commence work – this filing is called a Statement of Claim.

The Discovery Process

During the discovery process, both parties meet and are interviewed under oath. Your lawyer will spend the time required to prepare you for the questions and explain the entire procedure. Your lawyer will also request all applicable documentation and a detailed explanation as to why their decision was met. Once all information has been reviewed, your lawyer will discuss your options as to whether negotiating a settlement is recommended or whether proceeding to trial is a risk worth pursuing.

Negotiation VS. Trial

Negotiation:

Usually negotiating a fair settlement is a logical alternative than moving forward to trial. If both parties are satisfied with the settlement compensation amount, there is obviously no reason to go to trial and the lawsuit will be dismissed. However, if the insurance company does not agree to a fair settlement, the case can go to trial where an actual judge makes the decision.

Trial:

Trials require substantial preparation and unfortunately may take 2 years or more for the case to even enter the courtroom. A trial, of course, can go two ways: the insurance company can agree to pay you back benefits — plus your current benefits, OR if the decision goes against you, you receive no benefits. Note that a judge may require you to pay part or all of the insurer’s legal fees – one reason why it’s better to reach a settlement over taking a risk by going to trial.

“Oftentimes it’s a relief just to turn the case over to a lawyer so it can be fought vigorously on their behalf…just knowing that someone is fighting the battle so they can concentrate on the quality of life issues can be a huge benefit.” – Tim Louis
http://timlouislaw.ca/bctimlouislaw/long-term-disability-attorney-vancouver-bc/

Tim Louis & Co has been representing those who suffer from long-term disability for over 2 decades. He has successfully sued some of the largest insurance companies in the world on behalf of deserving clients and has appealed the decisions of the Federal government in CPP disability claims on behalf of clients. Tim Louis and his compassionate, experienced team can give you the reliable and trusted advice you deserve. Contact 604-732-7678 or email timlouis@timlouislaw.com for a free consultation.

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

Repetitive Strain Injuries: What You Need to Know

When we think about workplace injuries, we often think about slip-and-fall accidents, injuries resulting from falling objects or the various back and neck strains that come with the territory within many workplaces. However, some work-related accidents are often far less dramatic.

A number of injuries occur over time, through constant repetition of daily tasks, which negatively impact the body causing strain to sensitive joints and muscle groups. These repetitive strain injuries, or RSI, can have a long-lasting effect on our health and daily life.

Injuries Resulting From Repetitive Motion

A Repetitive Strain Injury, whether it is temporary or permanent, will need rest or a change in daily habit that provides time to heal. It is crucial to see a medical professional right away to prevent any further damage to the muscles, ligaments, nerves or tendons through continuous, repetitive motion.

Most Common Repetitive Strain Injuries

typing Repetitive Strain Injuries (RSI) can result from a buildup of damage to muscles, tendons, and nerves from repetitive motion or strain on specific parts of the body. Repetitive Strain Injuries are quite common and may be caused by a variety of common work activities, including:

Using a computer mouse or trackpad
Excessive typing (data entry)
Swiping items at a supermarket checkout/cash register use
Grasping and manipulating tools
Working in an assembly line environment
Training for sports or other athletic activities

Some commonly diagnosed Repetitive Strain Injuries are:

Tendonitis (inflammation of the tendon)
Pertendonitis (inflammation of the sheath of a tendon)
Trigger finger (difficulty bending or straightening any of the fingers which is caused by inflammation and thickening of the tendon)
Tenosynovitis (inflammation of the fluid-filled sheath that surrounds a tendon causing joint pain and stiffness)
Carpal Tunnel Syndrome (numbness, tingling and pain in the hand or arm resulting from compression of the median nerve which is squeezed as it travels through the wrist
Epicondylitis (inflammation of tendons surrounding an epicondyle)
Bursitis (inflammation of the bursa sac which is common around the elbow, hips, knees and shoulder)

Repetitive Strain Injuries

What Are the Symptoms?

There are many possible causes of repetitive strain injuries and a wide range of symptoms that result. Tenderness or pain the affected muscle or joints are common, a throbbing or pulsating sensation in the affected area and or tingling in the hands or arms. Any other symptoms will depend on which part of the body is affected.

It’s important that you visit a medical professional for a proper diagnosis as soon as you experience symptoms to prevent any further damage over time.

Repetitive Strain Injury Prevention

The primary ways in which you can reduce the risk is to stop or limit the intensity of the activity. If the activity cannot be stopped, tips for reducing the risk may include:

Taking breaks: Taking regular breaks from any repetitive task may help reduce the strain on your body.

Stand up: Standing up, stretching and frequently moving your limbs may reduce the risk. Stretch your back, arms, fingers and legs regularly.

Vision break: Rest your eye muscles by looking up and staring for a moment at objects in the distance or simply looking around the room. The key is to give your eyes a regular break from screen time.

Overall health: Eat healthy and get regular exercise to keep your body as resilient as possible, and try to avoid smoking, as this reduces blood flow and oxygen in the body.

Posture: Try to keep yourself from slouching. Ensure your desk, chair and computer screen are aligned as much as you can in an ergonomic setting.

Wrists: Avoid bending or overextending your wrists, and keep the arms, wrists and fingers aligned when typing as much as possible.

Typing: Try to touch type as much as possible and avoid hitting your keys too hard.

Keyboard Shortcuts: Try to use keyboard shortcuts whenever possible, as this can reduce the amount of typing needed.

Mouse or Track-pad: Do not grip too tight or press too hard, and try to slow your speed in order to reduce muscle tension in your hand and wrist.

Temperature: Keep an eye on the temperature of your work area and regulate where necessary.

Phone Use: If you need to use a phone while working, try wearing a headset as this will keep you from needed to grip the phone for long periods or needing to clamp the phone between your head and shoulder.

You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case

These common RSI injuries can have a lasting impact on one’s health and quality of life. If you or a loved one has experienced a serious injury while on the job, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com.

Sources:
https://www.enjuris.com/workplace-injury/repetitive-strain-injuries-work.html

https://my.clevelandclinic.org/health/diseases/17424-repetitive-stress-injury

https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/overuse-injury/art-20045875

Fibromyalgia & Chronic Pain

Fibromyalgia & Chronic Pain – we can help!

Fibromyalgia is a neurological condition that causes widespread musculoskeletal pain that can be triggered by physical trauma to the body from an accident or from the mental stress of dealing with an injury.

For years, Fibromyalgia was often misdiagnosed. Today, medical professionals recognize Fibromyalgia & Chronic Pain as a chronic medical condition that can cause extreme pain for both men and women. According to the Arthritis Society, Fibromyalgia affects 2% of Canadians with 80 to 90% of patients with Fibromyalgia being women.

Fibromyalgia is not life-threatening; nor is it damaging to muscles, joints or organs. However, it does impact one’s quality of life. Living with chronic pain can prevent patients from working, socializing and even completing day-to-day tasks.

If you or a loved one is suffering from Fibromyalgia resulting from an accident, contact our trusted and experienced team at Tim Louis & Associates.

Fibromyalgia Symptoms

Fibromyalgia & Chronic Pain - Get the help you need Pain is the most common symptom of Fibromyalgia. Patients may experience widespread or specific pain in certain areas of the body, which may include the neck, back, chest, arms and/or legs. Often the pain is felt when firm pressure is applied to muscles, tendons and or soft tissue.

Other symptoms may include:

Headaches
Extreme sensitivity to touch
Stiff muscles
Irritability
Widespread pain all over the body, with some areas worse than others
Fatigue
Cognitive issues also known as ‘brain fog’
Irritable Bowel Syndrome (IBS)
Disturbed sleep
Abnormal temperature regulation

Other Symptoms

Restless leg syndrome
Depression and or anxiety
Painful periods
Occasional dizziness
Extreme sensitivity to temperature and scents

Fibromyalgia Causes

The exact cause of fibromyalgia is still unknown. For certain people, FM can be the result of a stressful, traumatic event such as a vehicle collision or can be triggered as a result of repetitive injuries, certain diseases, or illness. Research studies have also found that there is a genetic component to Fibromyalgia.

Diagnosis

While there are no lab tests to confirm a Fibromyalgia diagnosis, there may be other illnesses that present the same symptoms. A doctor may want to order blood tests to rule out other conditions that may include:

Cyclic sedimentation rate test
Complete blood count test
Rheumatoid factor test
Thyroid function test
Erythrocyte sedimentation rate

Additional tests may be ordered depending on symptoms, which may include X-rays or an EMG to test the muscle’s electrical activity.

Treatment

Although there is no cure for Fibromyalgia, certain medications that can help reduce and manage pain or other symptoms associated with FM. Your doctor will recommend the best options for your unique needs. These medications may include:

Pain relievers (over-the-counter or prescription)
Anti-seizure medication
Anti-depressants

Fibromyalgia & Chronic Pain Relief

Research has shown that Fibromyalgia patients can reduce symptoms with proper self-care and lifestyle changes. Adequate sleep, managing stress and practicing low impact exercises such as water therapy and aerobics can help reduce symptoms over time. It’s important to consult with a medical professional that can recommend the right treatment to benefit a Fibromyalgia patient’s unique needs.

We Will Help Get You Compensation for Your Fibromyalgia & Chronic Pain

Fibromyalgia is a painful illness that can affect one’s quality of life and cause chronic pain. If you or a loved one is suffering from Fibromyalgia resulting from an accident, contact our trusted and experienced team at Tim Louis & Associates. Our goal is to help you get the compensation you deserve. Book a free consultation with us today by contacting us at 604-732-7678 or email: timlouis@timlouislaw.com

Sources:

https://www.mayoclinic.org/diseases-conditions/fibromyalgia/diagnosis-treatment/drc-20354785

https://arthritis.ca/about-arthritis/arthritis-types-(a-z)/types/fibromyalgia

Common Workplace Injuries

Prevent Workplace Injuries

When we think about workplace injuries, what often comes to mind are high-risk occupations in construction, manufacturing, or those dealing with hazardous materials – but the fact is, workplace injuries happen across all industries, in all occupations – and most of them are entirely preventable with proper care and preparation.

Workplace Injuries

Although the types of injury commonly sustained at work are as numerous as the number of jobs that can be listed – some of the more common and preventable injuries are:

Strains/Sprains

These types of injuries also referred to as “repetitive strain injuries (RSI)” or “musculoskeletal disorders” are very common workplace injuries due to the number of occupations dealing with repetitive tasks throughout the day.

Some of the more frequent causes of these injuries can include:

Repetitive or vigorous movement over long periods of time
Lack of movement/holding your posture or limbs in an unnatural position for long periods
Overusing a particular group of muscles
Poor posture or a non-ergonomically designed workspace

Back Injuries

back pain

Injuries related to the back are common among numerous occupations and can have an affect — both personally and professionally, long after the initial injury itself. Some of the more common factors resulting in back-related injury can include:

Repetitive lifting or moving of heavy objects, reaching or bending
Sustained whole-body vibration or jarring from the use of machinery
Poor posture, improper or inadequate back support seating in the workplace
Prolonged periods of inactivity

Head Injuries

A head injury can be serious and can lead to contusions, hematomas (bleeding in the brain), and concussions. Unfortunately, it’s not uncommon in the workplace –, especially in manufacturing and construction industries. ‘Closed’ head injuries do not pierce the skull and “open” head injuries happen when an object has pierced through the skull, causing possible brain injury. Generally, recovery time may be longer than other common workplace injuries, although most people fully recover from minor to moderate head injuries.

Some of the more frequent causes:

Being hit by falling or flying objects
Slipping or tripping and falling
Falling from above such as tumbling down stairs or falling off a ladder
Walking into objects such as a wall, cabinet or glass window

Herniated/Bulging Discs

Both herniated and bulging discs can affect a person’s nerves, tendons, muscles, and joints. These are common injuries and can result from repetitive motion trauma and or soft tissue disorders resulting from a workplace injury. If you injure your back or neck, a spinal disc can move out of place and can bulge outward from between the vertebrae — putting pressure on spinal nerves. Sciatica (nerve pain radiating down one leg) is a
common symptom of a herniating disc injury, as well as numbing, tingling pain in the legs and weakness in the back and legs.

Some of the more frequent causes of these injuries can include:

Heavy lifting and overexertion
Hard blows to the lower back
Ongoing, repetitive motion
Sitting for extended periods of time in an awkward position
Slip, trip or fall

PREVENTION:

workplace safety

With a little care and consideration, most of the workplace injuries we’ve listed can be prevented with proper understanding and preparation. Some of the methods for preventing these common injuries are:

Proper lifting techniques
Make exercise a part of your daily routine
Listen to your body
Pay attention to posture and form
Proper protective gear such as helmets to protect the head from injury
Safety training, preparation, and education on behalf of the employer

These common workplace injuries can have a lasting impact on one’s health and quality of life. If you or a loved one has experienced a serious injury while on the job, contact Tim Louis and his compassionate and experienced legal team today: 604-732-7678

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/

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.

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.

Injury Claims