Our Practice Areas

ICBC CLAIMS

Important things to remember

Time Limits Legal claims have rules about how quickly a person must file a claim to protect their rights. Generally speaking, adults have two years from the date of an accident to sue the responsible party. If they do not do so, the law will prevent them from getting the compensation they deserve. While sometimes it is possible to get the court's permission to extend the time limit so that a person can file a claim, the best thing to do is consult a lawyer right after an accident to make sure no limitation periods are missed.

Insurance Benefits

People injured in a car accident are entitled to two types of benefits from ICBC. First, there are "no fault" benefits. These are benefits provided to a person regardless of who was at fault for the accident. Typically, these benefits provide compensation for:

* some medical and rehabilitation costs
* partial replacement for wages
* compensatation for an inability to do house work

No fault benefits are usually the smallest part of a person's total compensation. They provide only a fraction of the real cost of an accident on a person's life.

Second, there are "tort" benefits. These are benefits that can only be claimed by people injured by the fault of someone else. The purpose of these benefits is to compensate an innocent person for the real cost of an accident in that person’s life. Tort benefits include:

* money for pain and suffering
* past and future wage loss
* cost of care and all reasonable expenses caused by the accident

Tort benefits can be substantial. There is no limit on what the court can award. The amount of compensation is only limited by the evidence.

How ICBC Handles A Claim

As a monopoly insurer, most people think of ICBC as "their" insurance company. This is only partially true. Most of the compensation for an innocent person comes from ICBC as the insurer for the at-fault driver. ICBC has an obligation to the at-fault driver to pay out as little as possible to the innocent person. This is in direct conflict with your right as an innocent person to get the reasonable and fair compensation you deserve for your injuries.

ICBC is only too happy to deal directly with you as an unrepresented person. Without legal counsel, ICBC can get you to sign forms and give them information that can be used against you, not only in your current case, but in future cases as well. ICBC has data bases that are designed to record almost everything that you tell them about your case. When it comes time to settle your claim, ICBC will use this information to make you an offer with no real way for you to determine if their offer is fair.

The Role of a Lawyer

A lawyer acting on your behalf has only one loyalty... you.

This loyalty should be combined with specialized knowledge about the value of your claim, and the ability to ensure your rights are protected. Protecting your rights does not necessarily mean going to trial. In fact, 90% of personal injury cases settle without going to trial. But by gathering the information needed on your behalf, your lawyer can prevent ICBC from obtaining the information they want to use against you. More importantly, your lawyer can talk to ICBC for you, so that anything you say will not be used against you at a later date.

Because your lawyer's compensation should be a percentage of the amount you receive, your lawyer should be motivated to make sure you receive the maximum compensation you are entitled to under the law.

Civil Litigation

Important things to remember

When you have a dispute with someone, and you cannot resolve it, your only option is to go to Court. When someone says they will “sue” you, they are talking about civil litigation.

In British Columbia, there are two courts that hear civil cases in the first instance. The first court is the Provincial Court, also known as Small Claims Court. It is designed for certain types of cases when the amount sought is less than $25,000. The second court is the Supreme Court. It has unlimited montetary jurisdiction and can hear most types of cases. Both courts have different rules. Selecting the appropriate court for your case is a strategic decision that should involve the input and expertise of a lawyer.

In addition to the courts, there are some specialized tribunals that deal with certain civil disputes. For example, injured workers go through Work Safe BC. Landlords and tenants go to the Residential Tenancy Board. Whether your particular matter is within the jursidiction of the courts or some specialized tribunal, basic rules of civil litigation apply. A lawyer, who is a skilled advocate, can help you understand these rules and present your case in the most favourable way to you.

Lawyers who practice in the area of civil litigation generally charge on an hourly rate. The amount charged depends on the expertise and reputation of the lawyer and the complexity of the case at hand. The kind of lawyer you need will depend on the type of case you have, the amount of money at stake, and your budget constraints. Sometimes a lawyer will take a civil litigation case on a contingency fee agreement where the legal fee charged depends on the amount of money recovered. These types of case are most commonly seen in personal injury actions, but contingency fee arrangements are also done in other cases, including:

* wrongful dismissal,
* sexual harassment,
* employment law,
* insurance disputes and
* debt collection.

In some instances, a successful party can recover a portion of his or her legal fees from the unsuccessful party through something called "costs". This can help to offset the cost of taking your claim to court. It should be noted that most civil litigation cases settle without going to trial.

Criminal Law

Important things to remember

In Canada, criminal law is under the exclusive jurisdiction of the federal government. The laws enacted by the federal government are set out in the Criminal Code, which is a federal statute. The interpretation of the Criminal Code is subject to the Charter of Rights and Freedoms, which is part of the Constitution. The Constitution is the highest law of the land. This means that certain acts may be contrary to the Criminal Code but, if the way the law was written or enforced violated the Charter, then the person accused of the crime may be entitled to an acquittal or a stay of proceedings.

In the area of criminal law, it is not only relevant whether a person committed the crime, but also whether the state can prove the crime was committed beyond a reasonable doubt and without violating the Constitutional rights of the accused person. Always remember:

· You are innocent until proven guilty and
· You are entitled to the best defence possible.

Before any goes to trial, there is usually a plea bargaining process. This stage of a criminal prosecution is governed by the weaknesses in the Crown’s case. Simply put, the stronger the Crown's case is, the less likely an accused person will get a deal. It is the role of defence counsel to review the Crown's evidence and convince the prosecutor of the weaknesses in the Crown’s case so that the accused is offered a deal that is much better than the likely outcome if convicted at trial. Once that deal is worked out, the Crown and defence prepare a "joint submission" to take to the judge.

Joint submissions are almost always accepted by the judge who relies on the expertise of the lawyer’s involved to make recommendations on a fair disposition. Without the plea bargaining process, the courts would be completely overwhelmed by the volume of cases. Therefore, both the Crown and defence, as well as the judges, understand that plea bargaining is a necessary part of the justice system.

In the courtroom, whether at trial or on sentencing, advocacy is important. The personal circumstances of the offender and the case for the defence must be brought to the attention of the judge. Where someone is acquitted or the charges are stayed, that is the end of the process. If a conviction is entered, the judge must move on to sentencing. The goals of sentencing are set out in the Criminal Code. They are designed to result in a fair and balanced sentence for all concerned. A properly prepared sentencing brief can save a convicted criminal months, if not years, of incarceration and other onerous penalties under the Criminal Code.