Category: Personal Injury

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Every year in my personal injury practice, I meet with individuals who have had the unfortunate luck of sustaining significant injuries while out shopping, eating dinner out, attending a party, etc. In other words, these individuals have been injured while on someone else’s property. I have seen injuries sustained in all kinds of circumstances ranging from slip and falls to more unpredictable events like products falling off shelves or being physically assaulted while out having drinks.

As a personal injury lawyer, my initial contact with new clients often comes after ICBC has made them an offer to settle their personal injury claim. The question I am asked in those circumstances of course is whether the ICBC offer is reasonable. There are a couple of important things to understand when it comes to assessing an offer from ICBC.

The BC Government announced the introduction of Bill 13, the Off Road Vehicle Act, which seeks to change the Province’s system regulating the use of off road vehicles.
 
Below is the BC Government’s press release:
 
VICTORIA – Bill 13, the Off Road Vehicle Act introduced today, promises certainty, safety and regulatory structure for thousands of off-road enthusiasts.
 
The proposed Off Road Vehicle – or ORV – Act replaces the 40-year-old Motor Vehicle (All Terrain) Act

A mountain bike suspension front fork used on many popular mountain bikes has been recalled as a result of potential failure issues, which could cause serious injury.

Product description:  Fox Evolution 2013 Mountain Bike Suspension Forks

The recalled suspension forks are model year 2013, model number 32 and 34 Fox Evolution Series, with 120 mm to 160 mm of travel.  The Evolution name and logo are on a sticker on the front fork, with the FOX brand name logo.

Guardrails can be dangerously designed. Severe accident cases involving impacts with guardrails should always entail an analysis of the design of the guardrail, and whether the guardrail was properly designed and installed, given its intended use, and other guardrail design options that are available.

I have acted for numerous motorcyclists who have been severely injured as a result of cars colliding with them when the motorcyclist was easily seen and clearly visible.

As a personal injury lawyer, I have represented numerous clients that, prior to my involvement, were told by ICBC they were not entitled to injury compensation, despite having been injured in a motor vehicle accident.  The reason ICBC had denied compensation in these instances was because it had determined that the accident was the fault of my client.  It is certainly true that you are only entitled to injury-related compensation, such as lost income, out-of-pocket expenses and pain and suffering, if fault (or even partial fault) for the accident lies with the other driver. 

Paul Mitchell Q.C. settled a serious brain injury case for a client in Vancouver. The Vancouver resident slipped on a piece of fruit in an aisle of commercial retail food premises in Vancouver, and sustained a very severe brain injury. The client and his family retained Mitchell to act their behalf. Mitchell commenced the law suit against the owner of the mall, and the commercial food retailer tenant.
 
The issues involved the system of inspection for food debris created by the retailer, and its adherence to its own system.

One of the questions I get asked most often is "When do I know I need a lawyer?" or "How long after sustaining an injury should I wait to consult a lawyer?" These questions can come up in a variety of circumstances including motor vehicle accidents, slip and falls and other cases involving personal injury. There is not a specific answer to the question, but my rule of thumb is the more significant or long-lasting your injuries are or the greater your inability to get back to your life, the more important it is to talk to a lawyer quickly.
 

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