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Slip and Fall

Slip and Fall Injuries

slip and fall injuries in Vancouver

Fell in Vancouver?
Your Ultimate BC Guide to Proving Negligence and Winning Compensation for Slip and Fall Injuries

by Tim Louis

Have you recently experienced a slip and fall in Vancouver? If so, you’re not alone—and you deserve to know your rights. In our city, where charming older buildings sit alongside modern developments, the risk of accidents on poorly maintained property is a real concern. This guide is designed to help you understand how to prove negligence and secure the compensation you deserve after a slip and fall injury.

Whether you were injured in a local store, on a busy sidewalk, or in any public space, the process of navigating a personal injury claim can feel overwhelming. Vancouver’s diverse urban environment means that conditions can vary greatly, and sometimes hazards are simply overlooked. As someone seeking trusted British Columbia legal services, you need clear, straightforward advice on how to move forward.

If you’ve been hurt by a slip and fall incident or suspect that unsafe premises contributed to your injury, remember that you have options. Contact Tim Louis today for a free consultation to explore your claim and secure the compensation you deserve.

 

Understanding Slip and Fall Injuries in Vancouver

What Is a Slip and Fall Injury?

A slip and fall injury occurs when you lose your footing on a surface that is not properly maintained. These injuries can vary in severity and may include:

  • Fractures: Broken bones, especially in the wrist, arm, or hip, are common when a fall happens suddenly.
  • Sprains and Strains: Twisting an ankle or overexerting a joint during a fall can result in painful sprains or strains.
  • Head Injuries: Falls can cause concussions or other serious head injuries, which are especially concerning given their potential long-term effects.
  • Other Injuries: Cuts, bruises, or soft tissue injuries can also occur, depending on the nature of the fall.

Understanding exactly what constitutes a slip and fall injury is the first step in determining if you have grounds for a personal injury claim.

Where Do Slip and Fall Injuries Occur?

Slip and fall injuries can happen in many different settings across Vancouver and BC, including:

  • Commercial Spaces: Many incidents occur in stores, restaurants, and shopping centres where spills or unclean floors create hazards.
  • Public Areas: Sidewalks, parks, and transit stations are common locations where uneven surfaces or weather-related conditions (like ice or rain) increase the risk of falls.
  • Private Residences: Even at home, hazards such as loose rugs, wet floors, or cluttered spaces can lead to dangerous falls.

By identifying the specific location of your accident, you can better understand the potential liability of the property owner or manager.

The Legal Framework for Premises Liability in BC

Understanding premises liability is crucial for anyone who’s suffered a slip and fall or other injury due to unsafe conditions in British Columbia.

Overview of Premises Liability

Premises liability refers to the legal responsibility of property owners to ensure that their premises are safe for visitors. In BC, this means that whether you’re in a commercial space, a public area, or even a private residence open to the public, the property owner has a duty to maintain the area and warn visitors of potential hazards. If these responsibilities are not met, and you are injured as a result, you may have a valid claim.

Property owners must take reasonable steps to prevent injuries by addressing hazards promptly. If they fail to do so, they can be held liable for any injuries that occur. This is why many people search for advice on “injury at a store BC” or look for a “premises liability Vancouver” lawyer when they are hurt.

Key Legal Standards in BC

In British Columbia, several legal standards set the stage for premises liability claims:

  • Duty to Maintain:
    Property owners are required by law to keep their premises in a reasonably safe condition. This includes regular inspections and timely repairs of hazards such as wet floors, uneven surfaces, or poor lighting.
  • Duty to Warn:
    If a hazard cannot be immediately fixed, property owners must warn visitors of the potential danger. Clear signage or verbal warnings can sometimes help mitigate liability, but if the warnings are inadequate, the owner may still be responsible for any resulting injuries.
  • Reasonable Care:
    The standard of care expected of property owners is that of a “reasonable person.” This means that the actions taken (or not taken) must be considered appropriate under the circumstances. Failure to meet this standard can form the basis of a negligence claim.

By understanding these legal standards, you can better assess whether your injury was the result of a property owner’s negligence and whether you have grounds to file a claim.

The Role of a Vancouver Lawyer

Navigating the legal complexities of premises liability in BC requires expert guidance. A dedicated Vancouver personal injury lawyer like Tim Louis can help you:

  • Evaluate Your Claim:
    Determine if the property owner breached their duty to maintain a safe environment or failed to provide proper warnings.
  • Gather and Present Evidence:
    Assist in collecting photos, witness statements, and maintenance records that can substantiate your claim.
  • Represent Your Interests:
    Whether through negotiations or court proceedings, a skilled lawyer will work to secure the compensation you deserve for medical expenses, lost wages, and pain and suffering.

If you’ve been injured because a property owner in Vancouver didn’t take reasonable care to maintain their premises, you have options. Contact Tim Louis today for a free consultation to discuss your situation and explore how a knowledgeable Vancouver lawyer can help protect your rights under BC personal injury law.

By understanding the legal framework for premises liability in British Columbia and knowing what evidence you need, you’re one step closer to achieving a fair resolution. Don’t wait—reach out to get the help you deserve.

personal injury2

Common Causes of Slip and Fall Injuries

Environmental Hazards

Many slip and fall injuries are the result of hazards that could have been prevented. Here are some typical environmental issues:

  • Wet Floors:
    Whether from a spilled drink in a store or rainwater that hasn’t been promptly cleaned up, wet floors are a leading cause of falls. If you’ve suffered an injury at a store in BC due to a wet floor that wasn’t properly signposted, you might have a strong premises liability claim.
  • Uneven Surfaces:
    Cracked sidewalks, uneven pavement, or irregular flooring in older buildings can catch you off guard. Vancouver’s mix of historic and modern structures often means that these hazards persist if not properly maintained.
  • Poor Lighting:
    Inadequate lighting in parking lots, stairwells, or public transit stations can make it difficult to see hazards, increasing the risk of a fall.
  • Obstructed Walkways:
    Cluttered hallways, blocked exits, or temporary obstacles in public areas can also lead to accidents. Property owners have a duty to keep walkways clear to ensure the safety of visitors.

Commercial and Public Spaces

Slip and fall incidents are especially common in busy areas where large numbers of people are present. Consider these examples:

  • Retail Stores and Restaurants:
    Spills, unclean floors, or slippery surfaces can lead to injuries in places where people shop or dine. If you experience an injury at a store in BC because of negligence in cleaning or maintenance, you may be entitled to compensation.
  • Malls and Public Transit Stations:
    These high-traffic areas often face challenges in keeping up with maintenance. Whether it’s due to a busy schedule or weather-related issues, even a minor oversight can result in a fall.
  • Public Areas:
    Sidewalks, parks, and recreational areas can also pose risks, particularly if they are not regularly inspected and maintained. Vancouver’s diverse urban landscape means that both older and newer public spaces need vigilant upkeep.

Negligence in Maintenance

At the heart of many slip and fall cases is the failure of property owners to maintain their premises:

  • Inadequate Maintenance:
    When property owners neglect regular inspections and timely repairs, hazards such as cracked pavement or loose flooring remain unaddressed. This is a key factor in establishing negligence, which is the basis for most BC personal injury claims.
  • Failure to Warn:
    Even if a hazard cannot be immediately repaired, property owners have a duty to warn visitors. Lack of appropriate signage or warnings can significantly contribute to the risk of injury.
  • Lack of Regular Cleaning:
    In commercial spaces, regular cleaning is essential. Failure to promptly address spills or debris can easily lead to an accident, leaving you with an injury that may require legal action.

Practical Tips

If you’ve experienced a slip and fall injury, here are a few practical steps to consider:

  • Document the Scene:
    Take photos of the hazardous area, including any warning signs—or the lack thereof. This evidence is vital if you decide to pursue a claim.
  • Report the Incident:
    Notify the property owner or manager immediately and ensure the incident is documented in writing.
  • Seek Medical Attention:
    Even if your injury seems minor, getting a professional medical evaluation is crucial. Not only does this safeguard your health, but it also provides essential documentation for your case.
  • Consult a Lawyer:
    If you believe your injury was caused by negligence, reach out to a trusted Vancouver personal injury lawyer. Tim Louis & Company Law is here to help you navigate your claim and secure the compensation you deserve.

 

How to Prove Negligence in a Slip and Fall Case

Essential Elements of a Negligence Claim

To prove negligence in a slip and fall case, you must establish four critical elements:

  • Duty of Care:
    The property owner must have a legal responsibility to maintain a safe environment. In BC, this duty extends to keeping floors dry, surfaces even, and walkways clear of hazards.
  • Breach of Duty:
    You need to demonstrate that the property owner failed to meet this duty. For instance, if a store in BC did not clean up a spill or repair a broken step, that may constitute a breach.
  • Causation:
    It’s essential to prove that the breach directly caused your injury. This means showing a clear link between the unsafe conditions and the fall.
  • Damages:
    Finally, you must provide evidence of the harm suffered—whether it’s medical expenses, lost wages, or pain and suffering. Documenting these damages is key to a successful claim.

Gathering the Right Evidence

Collecting solid evidence is crucial in proving negligence. Here are some practical tips to help you build a strong case:

  • Photographic Evidence:
    Take clear photos of the hazardous area as soon as possible after the incident. Capture images of wet floors, uneven surfaces, poor lighting, or any obstructions. These visuals serve as powerful evidence of unsafe conditions.
  • Witness Statements:
    If there were people nearby when the fall occurred, ask them for their contact information and request that they provide a written statement about what they saw. Witness testimonies can corroborate your account and strengthen your claim.
  • Maintenance Records:
    Request any available maintenance or repair records from the property owner or manager. These documents can reveal whether the hazard was known and if appropriate action was taken—or not taken.
  • Surveillance Footage:
    In commercial spaces or public areas, security cameras might have recorded the incident. Obtaining this footage can be invaluable in establishing the condition of the property at the time of your fall.

The Role of Expert Testimonies

Expert opinions can significantly bolster your case by providing an objective analysis of the situation. Consider these options:

  • Building Inspectors:
    An independent building inspector can assess whether the property met safety standards at the time of your accident. Their professional opinion can be crucial in proving a breach of duty.
  • Safety Experts:
    Experts in safety and risk management can explain how the lack of proper maintenance or inadequate warning signs contributed to your injury. Their testimony can help the court understand the extent of negligence.

Proving negligence in a slip and fall case involves a clear demonstration of the duty of care, a breach of that duty, a direct link between the breach and your injury, and the resulting damages. By gathering strong evidence—from photos and witness statements to maintenance records and expert testimonies—you can build a compelling case.

If you’ve been injured due to unsafe premises and need guidance on how to prove negligence, contact Tim Louis today for a free consultation. As a trusted Vancouver personal injury lawyer, Tim Louis & Company Law is here to help you navigate your claim with the expertise and care you deserve.

 

How a Vancouver Slip and Fall Lawyer Can Help

When you’ve suffered a slip and fall injury in Vancouver, the aftermath can feel overwhelming. Not only do you have to deal with physical pain and recovery, but you also need to navigate a complex legal landscape to secure the compensation you deserve. That’s where a specialised Vancouver personal injury lawyer comes in. Here’s how expert legal representation can make a real difference in your case.

Case Evaluation and Strategy

A knowledgeable Vancouver lawyer will begin by evaluating the strength of your claim. This process includes:

  • Assessing the Incident:
    Your lawyer will review all the details of your accident—from the condition of the premises to the circumstances surrounding your fall. This thorough evaluation helps determine whether the property owner’s negligence can be clearly established.
  • Gathering Evidence:
    They will guide you in collecting crucial evidence such as photographs of the hazardous area, witness statements, maintenance records, and any surveillance footage available. With robust documentation in hand, your case is positioned for success.
  • Developing a Strategy:
    Based on the evidence and the specifics of your incident, your lawyer will craft a tailored legal strategy. This strategy is designed to highlight any breach of duty, demonstrate causation, and clearly outline the damages you have suffered—whether it’s medical bills, lost wages, or pain and suffering.

Legal Representation

Once your case has been thoroughly evaluated, professional guidance becomes indispensable. Here’s how legal representation benefits you:

  • Expert Negotiation:
    A Vancouver personal injury lawyer, like Tim Louis, with expertise in premises liability Vancouver knows how to negotiate effectively with insurance companies and opposing counsel. Their experience ensures that your rights are protected during settlement discussions.
  • Court Advocacy:
    If negotiations don’t lead to a fair outcome, your lawyer is fully prepared to represent your interests in court. They will present your evidence, call on expert testimonies, and advocate for you in front of a judge to secure a just resolution.
  • Reducing Stress:
    Handling a legal claim can be stressful and time-consuming. By working with a seasoned lawyer, you can focus on your recovery while they manage all the complex legal details on your behalf.

Securing Compensation

The ultimate goal in any personal injury claim is to secure fair compensation for your losses. Here’s how expert legal representation helps:

  • Calculating Damages:
    Your lawyer will work with financial and medical experts to accurately calculate the full extent of your damages. This includes compensation for medical expenses, lost income, and the impact of pain and suffering on your life.
  • Maximising Your Claim:
    With extensive experience in BC personal injury claims, your Vancouver lawyer understands the tactics of insurance companies and knows how to push for a settlement that truly reflects the extent of your injuries and the impact on your daily life.
  • Ensuring Fairness:
    Whether your injury occurred at a store in BC, on a public sidewalk, or in any other setting, professional legal representation ensures that you are not short-changed. It’s about securing not just compensation, but a fair outcome that acknowledges the real cost of your injury.

If you’ve suffered a slip and fall injury and believe that the unsafe conditions contributed to your accident, don’t wait to seek help. Contact Tim Louis today for a free consultation and let a trusted Vancouver personal injury lawyer help you navigate the complexities of your case. With compassionate, expert legal support, Tim Louis & Company Law is committed to ensuring that you receive the compensation you deserve under British Columbia law.

Your health and your rights are too important to delay—reach out now and take the first step towards a fair resolution.

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Frequently Asked Questions about Slip and Fall

Below are 10 common questions about slip and fall injuries and premises liability in Vancouver, along with clear, concise answers. These FAQs are designed to provide valuable information, help you understand your rights, and guide you toward the right legal action. If you have further questions, don’t hesitate to contact Tim Louis today for a free consultation.

A valid slip and fall injury claim generally requires proof that a property owner failed in their duty to maintain a safe environment. If you’ve suffered an injury on poorly maintained property—whether at a store, public area, or private space—you may have grounds for a claim. A qualified Vancouver personal injury lawyer can review the specifics of your case and help determine its strength.

Premises liability in British Columbia refers to the legal obligation of property owners to ensure that their premises are safe for visitors. This duty includes maintaining surfaces, addressing hazards promptly, and providing appropriate warnings about known dangers. Failure to meet these responsibilities can result in a successful personal injury claim.

To prove negligence, you’ll need evidence that demonstrates:

  • Duty of care: The property owner was responsible for maintaining a safe environment.
  • Breach of duty: They failed to fix hazards like wet floors, uneven surfaces, or poor lighting.
  • Causation: This breach directly caused your injury.
  • Damages: Your injuries led to measurable harm, such as medical expenses or lost wages.
    Collect photos, witness statements, maintenance records, and any surveillance footage as part of your evidence.

It’s important to get medical attention immediately after your fall—even if the injury seems minor. Prompt treatment not only safeguards your health but also creates a documented record of your injuries, which is crucial for your BC personal injury claim.

After a slip and fall, follow these steps:

  • Seek medical care: Get treated and keep all medical records.
  • Report the incident: Notify the property owner or manager and request a written report.
  • Document the scene: Take photos and write down the details of the incident.
  • Consult a lawyer: Contact a Vancouver personal injury lawyer to discuss your case as soon as possible.

In BC, the general deadline for filing a slip and fall claim is 180 days from the date you received your estate grant or from the incident date (depending on the claim type). It’s crucial to consult a Vancouver lawyer promptly to ensure you don’t miss any critical deadlines.

Absolutely. If you were injured in a store due to negligence, such as an unclean floor or failure to warn about hazards, a Vancouver personal injury lawyer can help you build a strong claim. They will evaluate your case, gather necessary evidence, and negotiate with the property owner’s insurance to secure the compensation you deserve.

Compensation for a slip and fall injury may include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Rehabilitation costs
  • Other out-of-pocket expenses related to the injury
    A skilled Vancouver lawyer will work to ensure you receive a fair settlement that covers all these areas.

Expert testimony from building inspectors or safety experts can be invaluable in demonstrating that the property owner failed to maintain a safe environment. These experts can provide objective analysis and confirm that the hazards present were not adequately addressed, bolstering your argument that negligence occurred.

Documenting the accident scene is essential because it provides tangible evidence of the hazardous conditions that led to your injury. Clear photographs, detailed written accounts, and witness information can all help to establish that the property owner breached their duty of care. This documentation is critical when you present your case to a Vancouver personal injury lawyer or in court.

Need further assistance?

If you have questions or believe you have a viable claim, contact Tim Louis today for a free consultation. As a trusted Vancouver personal injury lawyer, Tim Louis & Company Law is here to provide personalised advice and guide you through BC personal injury claims with care and expertise.

 

Next Steps

Understanding slip and fall injuries and the legal framework surrounding premises liability in British Columbia is crucial for anyone who’s been injured. By now, you should have a clear idea of the importance of recognising hazardous conditions, knowing your rights under BC law, and taking prompt action after an incident. Whether it’s the need to gather solid evidence, report the incident immediately, or consult with a knowledgeable Vancouver personal injury lawyer, every step plays a vital role in securing the compensation you deserve.

Recap of Key Points:

  • Slip and fall injuries can happen anywhere—from commercial spaces and public areas to private residences—especially in a city like Vancouver with its mix of older buildings and modern developments.
  • BC law imposes a duty on property owners to maintain safe environments, and if they fail to meet this duty, you may have grounds for a personal injury claim.
  • Taking immediate steps—seeking medical attention, reporting the incident, documenting the scene, and consulting with an experienced lawyer—strengthens your case and protects your rights.

If you or a loved one has experienced a slip and fall injury, don’t delay in seeking the help you need. Contact Tim Louis today for a free consultation and get personalised advice from a trusted Vancouver lawyer who understands the unique challenges of BC personal injury claims. Prompt legal advice is essential in navigating premises liability claims and ensuring that you receive fair compensation.

Click here to schedule your free consultation and take the first step toward protecting your rights.

Further Reading: Premises Liability in BC

Below is a curated list of reputable resources and government websites that provide valuable information on premises liability and personal injury in British Columbia. These sources offer authoritative insights into legal standards and safety guidelines in BC, helping you better understand your rights and the responsibilities of property owners.

  1. BCLaws.ca
    Access the complete legal texts and statutes in British Columbia, including those governing premises liability and property safety requirements. This government resource is essential for anyone looking to understand the legal framework in BC.
    https://www.bclaws.ca/

 

  1. WorkSafeBC
    WorkSafeBC is the official workplace health and safety authority in British Columbia. The website provides guidelines and safety standards for various environments, including commercial spaces where slip and fall injuries frequently occur.
    https://www.worksafebc.com/

 

  1. Canadian Centre for Occupational Health and Safety (CCOHS)
    The CCOHS offers comprehensive resources on workplace safety, which can be particularly useful for understanding aspects of premises liability related to employee injuries and hazards in the work environment.
    https://www.ccohs.ca/

 

  1. Government of British Columbia – Ministry of Justice
    This portal provides access to legal resources and updates from the BC Ministry of Justice, offering insights into BC legal services and the regulatory framework that underpins personal injury claims, including premises liability cases.
    https://www2.gov.bc.ca/gov/content/justice
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Personal Injury Lawyer Vancouver

personal injury case

Personal Injury Lawyer Tim Louis

by Tim Louis

I have been fighting for injured clients for over 37 years. My goal is to achieve an out of court settlement for trial dollars. My motto is the best way to avoid a trial is to prepare thoroughly for the trial. This sends a clear message to the other side that I mean business and that if they are not prepared to offer trial dollars, then we will proceed to trial.

For most clients, the foundation of their case is getting excellent expert reports. This begins with my client’s family doctor who I ask to provide not just a clear diagnosis of the injuries, but also the treatments provided and, perhaps most importantly, a prognosis. The length of time an injured person will require to fully recover plays a large role in determining the amount they would receive at trial.

Next, I obtain expert reports from medical specialists. Finally, if my client is never going to fully recover, I obtain expert reports from an occupational therapist and a vocational expert. These two types of reports build a strong case for a claim for compensation for loss of income.

Personal Injury Lawyer: Examinations of Discovery

One of the most important steps in a lawsuit is Examinations for Discovery. At this step, the lawyer for the defendant examines my client over oath. There is no judge present, but there is a court reporter, who takes a transcript of all of the questions and answers. By thoroughly preparing my client in advance of the Discovery, the defendant’s lawyer gets a glimpse of what they will be up against if the case goes to trial.

Throughout my client’s case, I keep them fully informed and up date. This mean copying them on all incoming and outgoing correspondence such that the file they keep in their home is a copy of the file in my office. My law office prides itself on how accessible we are.

Personal Injury Cases

As a personal injury lawyer in Vancouver, I have represented clients with every type of injury including slip and falls, dog bites, and burns. While I get great satisfaction no matter what the type of case, I particularly enjoy fighting for clients who have been turned away by other lawyers who felt the case was too weak. I just settled a case where my client fell while boarding a bus.

The questions was had she slipped or tripped. If she had slipped, then the bus company was probably not at fault. If she had tripped and it could be proven that the cause of her trip was an object that should have been repeal, then the bus company would be at fault. Immediately after her fall, she was taken to the emergency department where the nurse made a note that she said she had slipped.

The first personal injury lawyer she retained would not continue acting for her. I enjoy difficult cases and took her on with open arms. By aggressively and thoroughly examining the bus driver under oath at an Examination for Discovery, I was able to establish that, in all likelihood, she had tripped on a protrusion. We settled out of court for trial dollars.

Many of my clients want to know at the very beginning whether or not they have a case. As the above example shows, even a weak case is worth pursuing if you have an aggressive lawyer willing to put in the time to build your case.

The worth of your claim depends to a large degree on the quality of the expert reports your lawyer obtains for you. I take the time to obtain expert reports that will help you get what you deserve – trial dollars without going to trial.

Personal injury settlements are not taxable. This is a piece of great news most of my clients are unaware of.

Find the Right Personal Injury Lawyer

One of the best ways to find the right lawyer for you is to see what other clients say about them. Google reviews is a great place to start. Once you have selected one or two lawyers, you should discuss the possibility of a contingency fee if you are unable to afford paying hourly.

Contact Personal Injury Lawyer Tim Louis

If you would like a free consultation, call me any time – 778-855-3494.

Learn more about Tort Law in Canada

Personal injury law is categorized under Tort Laws in Canada.
Learn more about Personal Injury and Tort Law

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

workplace Injury

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.

Read More

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

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

Disability Claims for Self-Employed Professionals

Disability Claims for Self-Employed Professionals

disability claim for self-employed
If you are self-employed and have purchased a disability insurance policy, you have assumed that this policy serves as income replacement if you are unable to run your business for a period of time due to injury or illness.

Private disability insurance is commonly more expensive than group insurance, and generally, the type of coverage it provides is usually more valuable as it often provides benefits in the event you are unable to work in your regular occupation. Unfortunately, just because you have purchased an insurance policy, this does not necessarily mean that the insurer will not make it challenging for you to receive benefits after you have submitted a claim. Insurers often heavily scrutinize claims submitted by independent, self-employed individuals – this is because of the sometimes-large benefit amounts provided by some of these policies.

Know the Terms & Conditions of Your Insurance Policy

To protect your rights, it is integral that you understand the limitations and restrictions outlined in your disability insurance policy. The definitions of certain disabilities can change over time, so it is important to keep up to date and understand these changes that may apply to you.

Know Your Rights about Disability Claims

Once you have purchased your insurance policy, be sure you are aware that although you have coverage, this does not mean you should “rest easy.” In reality, what you are really buying are rights that you can enforce against your insurer if they fail to provide the protection that was sold to you.

Know the Strict Time Limitations

 Many people do not realize that there are strict limitations with regards to filing a lawsuit against insurers, and oftentimes they are missed. If you do miss a limitation period, the insurance company is not required to pay your claim, and therefore your right to sue them is null in void.

Here some common red flags you should be aware of:

  • The claim is taking an unusually long time to resolve
  • Irrelevant information is asked of you
  • A claim has been denied

Hire An Experienced Disability Lawyer

In many cases, filing a lawsuit is not necessary. The first step involves a demand letter, outlining any discrepancies, pointing out the facts, and the law – with the demand that an insurer complies with the terms and conditions of the insurance policy. Insurance companies are often fully aware when they are not in full compliance, and take advantage of policyholders because most people do not know the law in-depth, and are privy to any red flags before signing off on their policy.

Contact Tim Louis & Company

Insurance companies may deny legitimate disability claims, as the majority of individuals will give up instead of fighting for the monetary compensation they deserve. If you are self-employed and an insurance company has denied your long-term disability claim, the team at Tim Louis and Company is on your side and will fight in your corner.

For a free, no-obligation appointment, contact us today by calling 604-732-7678 or email timlouis@timlouislaw.com

 

 

Client Reviews

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.

Neck Massage on Patient After Concussion | Tim Louis and Company
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

Injured on Someone Else’s Property? What You Should Know

Vancouver Slip and Fall Lawyer

Injured on Someone Else’s Property?

Contact Tim Louis – Long-Term Disability and Personal Injury Lawyer

According to a 2017 Canadian Institute for Health Information report, falls were the number one cause of injuries leading to hospitalization in Canada. It is common for these types of falls to be caused by businesses or property owners who neglect their duty to ensure that their property is reasonably safe.

If you are injured on someone else’s property due to unsafe conditions, you may be entitled to receive compensation for your injury. The property owner (known legally as “occupier”) is responsible for keeping their premise safe, and failure to do so can result in a potential injury that would otherwise not have happened.

An occupier may refer to the person in charge of caring for the property, or the physical owner of the premises, which may include:

  • Business Owners
  • Homeowners
  • Landlords
  • Companies
  • Government Agencies

Injured? Occupier’s Liability Act

In British Columbia, slip and fall claims are Occupier’s Liability Act (OLA) claims.

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

If an individual slips and falls or is injured on someone else’s property due to hazardous conditions, they may be entitled to compensation that could cover one’s medical costs, out of pocket costs, lost income and or pain and suffering resulting from the injury.

How Much is Your Slip and Fall Claim Worth?

This is a common question clients ask lawyers and is complex to answer. A number of factors are considered before assessing the value of a claim such as the severity of the injury and how much the injury has impacted your life, your ability to earn a living and your personal well-being.

Do You Have a Slip and Fall Case?

In order to determine whether you are entitled to slip and fall compensation is dependent on whether you have a valid claim.

If you have suffered from a slip and fall injury resulting from a dangerous condition on a property (i.e. lack of lighting, unmarked spills, icy driveways) the owner or occupier may be liable if it can be proven that they were aware of the hazard and neglected to take reasonable measures to rectify the issue.

Document Your Injury Experience for Evidence

documentationInsurance companies can make your life quite difficult during a slip and fall claim and will deny cases due to a lack of evidence.

If you are injured, it is important to cross your T’s and dot your I’s when it comes to documenting your experience so you have as much evidence as possible to support your personal injury claim.

Seek Medical Attention Immediately After a Slip or Fall

If you suffer from a fall on someone else’s property, ensure that you seek medical attention straight away. Whether your injury is serious or not, it is always recommended that you visit your doctor or hospital as soon as possible (ideally within 24 hours of being injured).

Keep in mind that symptoms for injuries don’t always present themselves immediately – another important reason to get checked out regardless of how your body feels.

Document Any Witnesses

If there are any witnesses, write down their names and numbers to assist with your case. Your insurance company or lawyer will ask for witness contact information as this will help with your claim.

If you are able, pull out your phone and take photos of the exact location your injury occurred. You can never have too much documentation to support your liability claim. If you were unable to take pictures of the scene, ask a friend or family member to take photos on your behalf.

Speak to Your Lawyer Before Signing Any Document

It’s integral to know that you should never sign anything without speaking to a lawyer first. An experienced personal injury lawyer will ensure your rights are not being violated and protect the integrity of your claim.

Contact a Personal Injury Lawyer You Can Trust

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

Sources:

https://globalnews.ca/news/4315219/falls-most-common-injury-canada/

https://globalnews.ca/news/3576912/injury-related-hospitalizations-canada/

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

 

 

 

 

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

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/

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