Vancouver Personal Injury Lawyer

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

Personal Injury: Understanding Whiplash

Personal Injury - Whiplash

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

 

Personal Injuries: Understanding Whiplash

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

How Do You Know if You Have Whiplash?

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

Symptoms of Whiplash

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

  • Dizziness
  • Fatigue
  • Jaw pain
  • Headache
  • Shoulder stiffness
  • Vision issues
  • Muscle spasms
  • Head and neck pain
  • Decreased range of motion
  • Back pain
  • Insomnia
  • Tinnitus
  • Issues with concentration

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

  • Depression
  • Frustration and anger
  • Anxiety and stress
  • Possible drudge dependency
  • Post-traumatic stress syndrome (PTSD)
  • Insomnia

How Long Will Your Neck Hurt After An Accident?

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

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

How is Whiplash Treated?

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

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

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

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

 

 

Client Reviews

Surveillance: How You Can Lose Your Long Term Disability Compensation

long term disability surveillanceHow You Can Lose Your Long Term Disability Compensation

Have you applied for Long Term Disability coverage and have the feeling you are being followed while out in public?

If you have submitted an application for disability or are collecting disability compensation, your intuition may be accurate, as there is a good chance an insurer has hired a professional private investigator to conduct surveillance on you, seeking an excuse to save money and attempt to deny your claim.

Insurance companies, like all businesses, are profit-based and lose money if they approve too many claims — so it is in their best interest to prove that you can work without the need to receive compensation for your reported medical condition.

Disability claims are on the rise, and surveillance is an efficient way for insurance companies to gather evidence against you – intending to prove that you are fully capable of fulfilling your job duties and do not require financial support.

Surveillance May Work Against You

Insurance companies may hire a private Investigator, follow you, or set up surveillance in front of your home to observe your daily activities.

Suppose you applied for Long Term Disability due to back pain and then observed via surveillance moving or twisting your body in a way that contradicts what you detailed in your claim. In that case, your credibility may be diminished and lead to a denial of your Long Term Disability insurance benefits claim.

Be Specific On Your Application for Long Term Disability Compensation

Detailing your injuries and being specific about your abilities on your Long Term Disability application is essential. Provide context and be mindful about anything observed via surveillance that may be used against you.

Such that if you are observed merely walking down the street for a more extended period than you mentioned you were able to in your claim, you could be at risk of losing your Long Term Disability insurance coverage.

The same goes for mental health disability claims. For instance, if you claim that you are chronically depressed and unable to leave your home and then observed via surveillance leaving your home on a daily basis, you may be questioned and risk losing your coverage.

Why Surveillance is Not Reliable

Context is everything when it comes to surveillance with regards to Long Term Disability insurance claims. As mentioned in the example above, surveillance is not a reliable measure to understand one’s abilities.

Video evidence does not present the aftermath of the activity, such as the stiffness and pain you may experience immediately after or the next day resulting from specific activities such as reaching, carrying grocery bags, or shovelling snow.

Fighting Against Surveillance Evidence

  • Ensure that you are truthful regarding your disabilities and injuries from the start. Do not stretch the truth because you think it will be more believable.
  • Take extreme caution when posting on any social media channels. Any comments, videos, or images involving events, activities, sports, or vacations, can be used as evidence to affect your disability claim. Be mindful before you post.

Denied Long Term Disability Coverage? Hire an Experienced Lawyer

If you have Long Term Disability coverage, and if you’re suffering from a debilitating illness or injury, then you deserve compensation, and that’s where Tim Louis and Company can help.

When dealing with a Long Term Disability claim, it is essential that you have an experienced, reputable lawyer on your side that specializes in Long Term Disability cases.

Long Term Disability Lawyer Tim Louis has been representing those who suffer from LTD for over 25 years and has successfully sued some of the world’s largest insurance companies on behalf of deserving clients.

Contact Tim Louis and His Team Today

You owe it to yourself to explore your options. Contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com for a no-obligation consultation. We will make sure to evaluate your situation and advise the best possible options for your unique situation.

 

 

Client Reviews

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

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.

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

Fibromyalgia & Chronic Pain

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 needPain 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 

 

 

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

 

 

 

 

The Most Common Personal Injuries During the Holidays & How to Avoid Them

During the holidays, we should all take the time to relax and enjoy the season. However, in reality – constraints on time, multi-tasking, or overextending ourselves and even bad weather all have the potential to lead to an injury.

We’ve compiled a list of the most common personal injuries that happen during the holidays and how you can prevent them.

Slipping Outside On Ice or Snow

caution sign

We all know that ice and snow are common hazards. Wearing appropriate footwear with reasonable tread goes a long way. Take extra care going down steps or hills and be sure to hang on to any railings available to you if possible. Take your time and don’t rush! If you own property, it is your legal obligation to ensure snow and ice are cleared on the premise.

Driving in Bad Weather

Drivers in Metro Vancouver tend to have a sense of urgency during the holidays. Even when the weather is not optimal, which can be hazardous. Installing the appropriate winter tires is a give-in as well as practicing safe driving techniques, which include lowering your speed and planning your route ahead – allowing yourself extra time to reach a destination.

winter driving

Holiday Events

Tis’ the season for holiday parties and corporate gatherings – it’s an exciting time for many. However, since alcohol is offered at many of these gatherings, car accidents increase around the holiday season. Planning ahead and arranging a taxi ahead of time or having a designated driver accompany you is the simple solution to avoid drunk driving accidents.

Don’t Overexert Yourself

During the holidays we tend to overextend ourselves – whether it is at work trying to meet a deadline before the Christmas holiday rush or struggling to get those decorations set up for an upcoming Christmas party. Holiday shopping, cleaning, and even cooking can be a hazard if you rush through or overextend yourself to complete these tasks faster.

If you are lifting alone, remember to practice safe lifting techniques by bending your legs at the knees. Always have a spotter when climbing a ladder – you’d be surprised at how many people suffer from ladder accidents during the holidays.

Workplace Injuries

During the holidays, business booms, putting extra pressure on employees to keep up with additional work demands. Extended hours and an increase in customer demand can put employees at higher risk for slips and falls and general accidents. Overextension, extra lifting, and moving at a faster pace than usual can potentially cause injury to one’s back and or neck. While working at a quicker pace, employees can easily forget to practice safety procedures, resulting in a musculoskeletal injury.

  • Plan enough time to complete your tasks
  • Avoid rushing if possible
  • Practice safe lifting techniques
  • Always take extra care climbing ladders (have someone spot you)
  • Wear shoes with good traction
  • Be cautious – watching out for wet floors

If you do get injured at the workplace, ensure that you report it immediately and seek the proper documentation. Follow all procedures, and fill out any documentation necessary. If you need to visit a doctor, make sure you communicate all details of the injury to your doctor for documentation purposes.

Employers should provide a safe environment for their employees. Ensuring a safe workspace with no visible hazards and providing mandatory safety training is a proactive way to prevent employees from injuring themselves on the job. Practicing safety protocols year-round and planning ahead to anticipate the holiday rush – this can help lower the risk of employee injuries during the holidays.

wet floor sign

Ensure Gifts Are Safe

It’s important to ensure that toys given to our loved ones are safe. The Consumer Product Safety Commission (CPSC) recalls millions of toys each year. Take Justice Back published a list of the ten most dangerous toys of all time in 2012:

http://www.takejusticeback.com/news/10-most-dangerous-toys-all-time

Even today, there are still many products released that can be considered unsafe for children and adults. You can check an updated list of recalled items here:

https://www.healthycanadians.gc.ca/recall-alert-rappel-avis/index-eng.php

What You Should Do When Holiday Accidents Happen

Sometimes you can follow all safety precautions yet still get injured or find yourself involved in an accident. Always document your injury and seek treatment right away – this will ensure the process is as smooth as possible. If you find yourself involved in an accident with another party, make sure you document all details of the incident from beginning to end and seek medical treatment immediately.

If you find yourself in need of legal representation, contact a trusted, experienced personal injury lawyer who can provide you with the monetary compensation you deserve. You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

sources:

https://www2.gov.bc.ca/gov/content/careers-myhr/managers-supervisors/occupational-health-safety/worksafebc-reporting

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

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

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

Prevent Car Accidents – Check Your Brakes

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

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

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

Tires – maintain them to prevent car accidents

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

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

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

brake light

Headlights/Taillights/Brake Lights

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

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

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

Malfunctioning Windshield Wipers can Cause Car Accidents

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

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

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

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

Contact A Personal Injury Lawyer

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

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