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Slip and Fall Injuries in British Columbia

Slip and Fall

Slip and Fall Injuries in British Columbia

Many people in British Columbia are injured every year due to slip and fall accidents. These types of injuries can occur in almost any location, whether it is from a wet floor at a grocery store, or an uneven sidewalk. Injuries can also result from accidents due to snow, ice, liquid, or any other hidden hazards.

Slip and fall claims in BC are governed by the Occupier’s Liability Act. To be successful in a slip and fall claim, one must prove that the occupier was negligent to some extent. Note that an occupier’s duty of care does not require the occupier to remove every possibility of danger. The test is one of reasonableness, not perfection.

The Difference Between ‘Premises’ and ‘Property’

  • ‘Property’ refers to the entire land, building(s), equipment, or structure(s) owned by the landowner
  • ‘Premises’ refers to only the portion or components of the property that are subject to the lease.

What to Do Immediately After a Fall

Immediately after a fall, it is common to feel a sense of embarrassment. This is completely normal and to be expected. As human beings we are used to being in control of our bodies — a sudden, unexpected fall in public can make one feel self-conscious.

It is important however not to minimize your experience at the scene of a fall. If you are unable to move and require medical attention, stay where you are and request help at the scene. When you leave the scene, immediately seek medical treatment at a hospital or medical clinic. It is important to know that your actions — whether it is what you say, or what you do in the aftermath of a slip and fall, may influence the outcome of your claim especially when involving complex issues relating to liability.

We highly suggest that you contact a slip and fall personal injury lawyer at the earliest stage possible.

Slip and Fall Danger

What to Do in the Days or Weeks After a Slip and Fall

As the days or weeks pass after the initial slip and fall accident, there is a high probability that you may be contacted by the occupier or by their insurers. It may seem that they are reaching out to assist you, but this is not always true.

If you are the victim of a slip and fall accident, you should contact your lawyer before communicating to avoid saying anything that could hurt your claim. It is also important to seek appropriate medical attention from a trusted physician to ensure you are thoroughly examined.

Making a Slip and Fall Claim

To prove that the occupier or owner of the premises is liable for your slip and fall injury, you must be able to prove that they failed to keep their premises in a reasonably safe condition. Evidence is necessary to prove this, so if you have been involved in a slip and fall accident, we suggest that you follow these steps:

  • Take photos of the scene of an accident
  • Collect contact details of any witnesses
  • Report the slip and fall accident to the owner or occupier of the premises
  • Take photos of and keep whatever footwear you were wearing at the time
  • Make an appointment to visit a physician

Be Aware of Strict Time Limits

  • Every province in Canada has a statute of limitations; limiting the amount of time an individual has to start a personal injury lawsuit. In British Columbia, you have up to 2 years from the date of injury to file a lawsuit.
  • If you have been injured resulting from a slip and fall belonging to the City of Vancouver or other municipalities in British Columbia, written notice must be submitted within 60 days from the date of injury. If you do not give notice within the specified time frame, you may lose your ability to receive compensation for your slip and fall injuries.

Contact a Trusted Slip & Fall Personal Injury Lawyer

We advise that you contact a Vancouver personal injury lawyer who specializes in slip and fall claims. A lawyer will be able to assess your case, ensure your rights are fully protected, and advise whether or not you are eligible to receive compensation. For more information or to set up a free consultation with Tim Louis & his compassionate, trusted team of experts, call 604-732-7678 or email timlouis@timlouislaw.com

Source: Occupier’s Liability Act:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96337_01

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

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS Part Two

Q5. How long on average should I expect my case to be settled in case it does not advance to the trials?

A. Each case is different and unique in its way. Those that are too serious may take very long to settle. Examples of these are brain injuries, losses of limbs, and catastrophic injury cases. This stems from their complex nature and the accompanying medical issues.

Some may take months to settle. These are cases that are moderate in severity, less catastrophic and not so serious in liability. The precise length of time decided to solve each case, however, depends on each nature of the case, the extent of the recovery, the severity of the injuries, and the kind of attitude the insurance company or adjuster perceives your situation or you.

These notwithstanding, court cases are generally long and protracted. This is because insurance companies never like making payments or settling claims. They are also meticulous and usually insist that all the documents about the applications are submitted and scrutinized before any claims may be awarded. In all, cases take months and years to settle.

personal injury law books

Q6. Should I visit a doctor after undergoing an accident?

A. By all means, you should. The primary reason is not for the sake of the impending court case but your health and personal well-being. It is common knowledge that only hurt rather than healthy people do need medical attention. Insurance companies and the courts usually are too quick to point this out while ascertaining the claims and compensation requests.

In case you lack a family doctor, you are advised to visit the nearest clinic. If a clinic does not exist within a reasonable walking distance from your area of residence, you are encouraged to attend the emergency department of your nearest hospital.

In your visit to the hospital, the doctor will typically jot down the facts of the holiday and nature of injury in a note. He will then almost always prescribe some medication or refer you to a specialist for advanced medicines. These notes are intended to offer more information concerning your health status.

For instance, they may indicate that you are in sound health. Alternatively, they may state that you are gravely injured as the result of an accident. Our legal team will usually compile these medical records from your doctor and use them as the basis for building your case.

It is not enough to state that you have been injured or hurt. This is because courts in Ontario will usually demand tangible proof to these effects. As such, your pains, damages, sufferings, and symptoms have to be proved before a court of law.

Perhaps the best and most reliable way of doing so is by furnishing the various health records. It, therefore, follows that if you do not see a doctor after an accident, you will miss out on your treatment and appropriate medical attention. You will also less likely build a strong case to your defense.

This way, the courts and the insurance company will often find you liable for failing to mitigate your damages. This arrangement is not healthy for your case or you. We would like to do everything in your capacity to recover and lead a healthy life as you had done before the accident. Whereas this might not always be the possibility in all cases, it can, in fact, be the case for individual persons.

hammer and book inside a car accident law firms

Q7. What are the differences between the accident benefit adjuster and the tort adjuster?

A. Both of these professionals work for car insurance companies but in different departments. Examples of these include the CAA Insurance, Wawanesa, Liberty Mutual, Belair Direct, TD Meloche Monnex, Intact, The Personal, Co-Operators, Aviva, Economical Insurance, and State Farm.

The accident benefit adjuster works in the pain, suffering, or bodily injury department. The tort adjuster on the other hand accident benefits department. They may as well work for entirely different companies altogether.

In most instances, the accident benefit adjuster will often be the insurance adjuster of your car or that of your spouse. They are ordinarily responsible for administering your no-fault accident benefits that arise from your car accident. These benefits encompass income replacement benefits ($400 per week), housekeeping benefits ($100 per week), attendant care benefits ($1,500 per week), and income replacement benefits ($400 per week), among others.

A tort adjuster, on the other hand, works for the insurance company that covers the driver or the other party that was responsible for hitting you. Their roles do not entail processing accident benefits as they merely handle the tort component of your claim.

These include, but are indeed not limited to past or future losses of income, damages for pain and suffering, the loss of competitive advantage, and Family Law Act claims. They also do not handle other costs that are not incorporated as part of the accident benefits.

If both the tort and accident benefit adjusters work for the same company, a barrier is erected between the two of them to discourage and flow or exchange of communications and ideas between the two parties.

The failure to adhere to this principle may often land the insurance company in trouble with the authorities. The company may usually be held accountable for bad faith damages. The same applies if there is sufficient evidence to prove that there was collusion collaboration, communication between the two parties without your consent.

Our lawyers can furnish you with the necessary information as pertains the kinds of behaviors that constitute bad faith. They will also detect and prove that there was indeed cooperation between the insurers, adjusters in the same company, or negligence while handling your case.

Vancouver Personal Injury Attorney

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

Is It Worth Getting A Personal Injury Lawyer

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

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

car accident law includes trucks as well such as this photo

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

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

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

They Are Experts In The Field

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

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

injury attorneys library

Presents Confidence in the Insurance

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

Vancouver Personal Injury Lawyer

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

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