Should I Get a Lawyer if I Was Hurt in a Motor Vehicle Accident?


Have you been injured in a car accident ? Many people that have been wonder whether or not they should get a lawyer, or if they have to.

 

It can be in your best interests to have a lawyer represent you , however it is not obligatory to hire one .

 

A situation where you may perhaps wish not to get a lawyer is where your injuries are minor, and where they resolve themselves within a month or two of the accident . Assuming the offer is a fair one, you definitely don’t want a lawyer taking up to one third of a small settlement amount . If you choose not to get a lawyer in this case, it is still vital that you seek free legal advice before first contacting the insurance company, and before settling your claim .

 

It is highly recommended to seek the services of a lawyer for cases of a more serious nature . A plaintiff ICBC lawyer will be able to do numerous things for you, such as :

 

  • safeguarding your legal rights, such as meeting different time limits and limitation periods
  • informing you of your legal obligations, such as the duty to take active steps in your rehabilitation process
  • dealing with the insurance company on your behalf , thereby decreasing the stress in your life
  • paying for your disbursements throughout the course of your matter , which numerous people cannot afford to do
  • using their skill and experience to obtain maximum compensation for you

 

Although only about 1% of injury claims proceed all the way to a trial, many more go through the litigation process, which involves court applications and other steps leading up to trial . If you have a serious case that will be proceeding throughout the litigation steps, then it is highly recommended that you are represented by a lawyer . The insurance company hires adjusters and lawyer to defend their interests . You require someone to protect yours . If your case is a serious one, you should arrange for a free consultation with an ICBC claims lawyer.

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Auto Insurance, September 17th 2011 | Tags: , ,
Posted in Auto Insurance

Injured in a Car Accident? What Can You Claim For?


If you have been injured in an automobile accident, you should first of all seek prompt medical attention for your injuries.

 

You really should then arrange for a free consultation with an ICBC injury lawyer, in order to be informed of  your legal rights and obligations.

 

Many people are simply not mindful of the different kinds of personal injury damages that you can claim for if you have been injured in a car accident Upon being hurt in an auto accident, several people are unaware of all the diverse types of compensation that may be available to them . As a result, if the person decides to proceed without a lawyer, they will receive far less for their injuries than they are entitled to . It is a good idea that you consult with a plaintiff ICBC lawyer to be aware of the types of damages available to you.

 

In general, there are several types of compensation available to you :

 

General Damages

 

This kind of damages is for pain and suffering, and loss of enjoyment of life due toyour injuries.

 

Loss of Income and Loss of Future Income

 

This head of damage factors in lost time from work, up to the point of settlement and beyond   .

 

Loss of Housekeeping and Loss of Future Housekeeping

 

This component of your claim pertains to household jobs that you were no longer able to complete up to and including after reaching settlement. This applies even if you have a friend or family member do the chores for you, and they receive no compensation .

 

Special Damages

 

This aspect of your claim consists of all reasonable out of pocket expenses incurred by you as they pertain to the injuries you sustained. It is essential to keep all original receipts.

 

Loss of Opportunity / Loss of Earning Capacity

 

A person with long lasting injuries can make a claim under this head of damage, as the person will be not be able to earn income from all types of employment; will be less marketable to employers; will not be able to take advantageof all future, available job opportunities; and, will be less valuable to himself or herself as a personcapable of earning income in a competitive work force   . This is usually  an overlooked aspect of a claim, as it is still available to you even if you have returned to your pre-accident employment. A personal injury lawyer vancouver will be able to further advise you with respect to this aspect of your claim. 

 

Cost of Future Care

 

This type of compensation is intended for those still suffering from their injuries at the time of settlement, and can involve medical treatment, and specialized equipment .

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Auto Insurance, September 3rd 2011 | Tags: , ,
Posted in Auto Insurance

Injured in a Motor Vehicle Accident? Answers to FAQS.


Many questions enter a person’s mind when they have injured in a car accident   .

What do I do first ?

If you are injured, you should first seek immediate treatment for your injuries . The next thing you should do is inform your insurance company that an accident occurred   , however do not get into any specifics as to your injuries, or how the accident occurred. You should next arrange for a free consultation with an ICBC injury lawyer.

 

What is the value of my claim ?

Early on, this can be very difficult to determine  , as many factors will come into play, such as the duration and severity of your injuries, whether or not there is a liability dispute , whether or not you had any injuries that existed just before the accident , and whether or not you mitigated your damages by taking active steps in the rehabilitative process. Only once you have the liability portion of your claim finalized, and have recuperated from your injuries, or your injuries have plateaued and are not going to improve any more, an ICBC claims lawyer will have a good idea as to the value of your claim.

 

How long will it take to settle my claim ?

Again, this is virtually impossible to determine initially . Factors such as the duration and severity of your injuries, whether or not there is a liability dispute , and how far along the litigation path your claim goes can all have an effect on the time frame for concluding your case.

 

 Is it important that I see my doctor on a regular basis ?

Yes, this is very important, not just for your health, but for the value of your claim as well. You are under a legal obligation to mitigate your damages, which means that you must make reasonable efforts to get yourself better by attending for treatments . By seeing your doctor on a regular basis, and by following his or her advice and recommendations, the argument cannot be made that you did not make reasonable efforts to mitigate your damages.

 

 Are there time limits I need to be aware of  ?

Yes, there are. Depending on the nature of your case, there can be many time limits and limitation periods. By not meeting these, you may be in jeopardy of having all or part of your claim dismissed. An ICBC lawyer can advise you of your legal obligations in this respect.

 

Will my matter go to trial ?

Not likely. Most injury claims arising from motor vehicle accidents do not go all the way to trial.

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Auto Insurance, August 17th 2011 | Tags: , ,
Posted in Auto Insurance

Injured in a Car Accident ? Watch What You Sign.


If you have been hurt in a motor vehicle accident, your initial course of action really should be to attend for medical treatment .

 

Thereafter, it is really important not to sign anything without first seeking legal advice. Signing documentation in this manner could have a harmful effect on the value of your injury claim .

 

Do not sign a statement with the insurance company as to how the accident occurred, or what your injuries are

 

It is always not clever to do so, without first meeting with a lawyer . An error could be made, there might be a vague comment, or there might be an omission of something important . Rest assured that the insurance company will do whatever they can to devalue your claim, including attacking your credibility. You are not required to sign such a statement . Don’t feel pressured into signing it, even though the adjuster may offer to come to your residence . It is always prudent to consult with a personal injury lawyer vancouver first.

 

Do not sign any blanket authorization forms with the insurance company

 

You will be asked to sign medical and employer authorizations . The forms they ask you to sign quite often give them carte blanche entitlement to your entire medical and employment history, when in fact they are not legally entitled to this information . It is best to consult with a plaintiff ICBC lawyer first. If you decide to hire a lawyer, the proper authorizations can be signed. If you decide you do not want a lawyer, then the lawyer should suggest that you modify the authorization forms before you sign them .

 

Do not sign a subrogation agreement with your employer, or your benefits carrier

 

Often, where your employer or benefits carrier is paying benefits on your behalf , and they learn you have a motor vehicle accident claim, they ask you to sign a subrogation agreement , where you are required to seek compensation from the insurance company for money paid to you by your employer or benefits carrier . You will normally be expected to reimburse your employer or benefits carrier the full 100%, which is not fair to you. It is recommended to arrange for a free consultation with an ICBC claims lawyer prior to signing a subrogation agreement.

 

 

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Auto Insurance, July 27th 2011 | Tags: , ,
Posted in Auto Insurance

What is a Contingency Fee Agreement ?


A contingency fee agreement is a contract signed by you and your lawyer, which forms the basis of your relationship. It is often used in motor vehicleaccident cases.

Commonnon-financial portions of a contingency fee agreement relate to the authority of the lawyer to act on your behalf ; circumstances forclient or lawyer withdrawal; confidentiality between the lawyer and client, and how you can have the agreement reviewed after signing it if you feel that it is unjust .

With respect to the financial side of things, a lawyer will take a certain % of your overall settlement amount as payment for legal fees . You are not required to pay any money upfront in the form of a retainer, you are not required to make any monthly payments for fees, and you are not required to make any payments for disbursements throughout the course of your case. When a settlement is received on your behalf, the money is placed in the lawyer’s trust account, out of which your portion of the settlement proceeds will be paid to you .

A basic example is where the settlement amount is for $10,000, plus disbursements. Your lawyer, who has paid your disbursements along the way, is entitled to the amounts for these disbursements . Out of the remaining $10,000, your ICBC injury lawyer will take his or her legal fee, plus applicable government taxes on the legal fee portion only. The remaining balance will be yours.

Something you need to be aware of is that a plaintiff ICBC lawyer may charge interest on disbursements, which can be substantial on certain files. It is best to look around, as some lawyers do not . Additionally, some lawyers make the clients pay for the entire amounts of disbursements, plus interest, in the event that the claim is unsuccessful. Again, some lawyers do not make clients pay for these, so again it is in your best interests to find a personal injury lawyer vancouver who does not.

Above all, never feel pressured to sign a contingency fee agreement at your initial meeting with your lawyer . If you are not comfortable with certain portions of it , it is best not to sign the agreement until you have had sufficient time to review it.

 

 

 

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Auto Insurance, July 21st 2011 | Tags: , ,
Posted in Auto Insurance