Personal Injury FAQs (Frequently Asked Questions)
1. I've just been in a car accident and my injuries are keeping me off work. I would like to retain a lawyer but can't afford one. What should I do?
In most cases, if the car accident was not your fault, you can retain a lawyer on a contingency fee basis. You don't have to pay the lawyer a fee until the claim has been resolved, and then only a percentage of the amount to which you are entitled (to a maximum of one-third of the settlement, plus taxes). This can be a real advantage, especially if you are off work because of your injuries. Your lawyer is paid based on the results of your claim, so both of you are motivated to obtain the best results possible. To find out more, please contact us and ask to speak to one of our personal injury lawyers or, if you prefer, use our Personal Injury Inquiry Form.
2. Shortly after I was injured in a car accident, my ICBC adjuster made me an offer to settle my claim. When is a good time to settle, and how can I be sure the offer is fair?
Be patient. It is often wise to wait before settling your claim until your doctors can give a clear diagnosis and prognosis of your condition. You may also have suffered other potential losses which should be fully investigated before commencing settlement negotiations. Having an experienced lawyer will help you know when is a good time to settle, and will increase your chances of receiving full and fair compensation for all of your losses. Contact us.
3. Does hiring a lawyer to represent me for my personal injury claim mean that I will eventually have to go through a trial?
No. It is up to you whether you want to go through a trial. Your lawyer will explore avenues of settlement on your behalf which can be accomplished in a number of ways. The vast majority of personal injury claims are settled out of court. Going to trial is usually a last resort. It is your lawyer's job to advise you on what you should do, but ultimately you call the shots—your lawyer takes instruction from you. Our Personal Injury Claims Flow Chart will give you a clearer picture of the process.
4. I was injured in a car accident a few months ago and ICBC was paying for my physiotherapy. I found out today from my physiotherapist that ICBC has stopped paying. Does this mean I now must pay out of my own pocket?
ICBC has an obligation to pay certain reasonable medical expenses after an accident. ICBC does not, however, have an obligation to pay those expenses forever, nor to pay expenses that are not medically justified. After expenses have been paid for a time, ICBC may want confirmation from your family doctor that further treatment is appropriate. They may also want an estimate from your doctor or therapist of the duration of treatment. Call your adjuster and find out. This situation is common, and lack of communication is often the problem.
5. I was injured in a car accident that was my fault. I’m missing work because of my injuries and I have some medical costs. My friends tell me the only time ICBC pays damages is when the other driver is to blame. Should I make a claim anyway?
Even if an accident was your fault, ICBC has an obligation under certain circumstances to pay you benefits. These are called "no fault benefits". These benefits include physiotherapy and other forms of treatment, homemaker disability, vocational costs, ambulance fees and certain medication costs. They can include disability benefits up to a maximum of $300 per week if you can’t work. You should contact ICBC immediately to see if you qualify for any of these no fault benefits.
6. I was in a minor car accident. No one was injured, but ICBC says I am to blame and my insurance premium is going to go up. I think the other driver was to blame and I have witnesses to back me up. What can I do?
ICBC must always investigate and make a determination of fault in these circumstances. Sometimes they apportion blame between the drivers, sometimes they find a driver 100% at fault. Their initial decision is not necessarily final, and it is not a "legal finding". ICBC may allow you to present your argument to them if you disagree with their initial decision. Check with your adjuster. In addition, it is common for a driver in your position to take the case to Small Claims Court and ask the judge to decide who was at fault. ICBC will then obey the court decision and, if necessary, re-adjust your insurance premium.
7. I am ready to settle my personal injury claim with ICBC and I am happy with the amount they have offered. I do not want to see a lawyer, even though I’ve been told a lawyer may get me more money if I put my claim on hold for a few more months. I just want to settle. Still, everyone tells me I should see a lawyer. I don't know what to do.
There is no right or wrong in these circumstances. Many people settle their claim without a lawyer and never regret the decision. But if your injuries have not fully healed, there may be long-term consequences. Any settlement should take this into account. For example, your neck injury may not be affecting your employment at present, but some neck injuries can and do get worse, and yours may very well impact your employment in the future. Your leg fracture may be healed, but the possibility of arthritis in a few years may affect your employment or your suitability for other types of work.
Consideration of possible future losses involves legal concepts that are sometimes complicated. Settle if you are happy with your decision, but remember that settlements are final and are rarely set aside. It is best to consult a lawyer. Be informed and be certain before you sign that release. It is sometimes helpful to consult a lawyer so that you are comfortable knowing that all aspects of your claim have been investigated and presented properly.
8. I was injured in a car accident and hired a lawyer shortly after to assist me. I am not happy with the service this lawyer is giving me. Am I able to change lawyers if I have signed a contingency fee agreement with my lawyer.
You are not committed to a particular lawyer forever just because you have signed a contingency fee agreement. Read your agreement. It may outline a procedure for changing lawyers. You should also consult another lawyer who will examine the problems you are having. If the problems are not serious, you may consider whether or not a change is required. If the problems are serious, then changing lawyers is probably wise and doing so may be relatively easy. Remember, you need to have confidence in your lawyer. Consider our Six Steps to Finding the Right Lawyer.
9. I was involved in a car accident, but was not injured. My son, who was my passenger, was injured. I have learned that the accident may be my fault. Can my son still get payment for treatment and compensation for his injuries? Will he need a lawyer?
Your son can still receive compensation for his injuries. It does not matter that he was a passenger in your vehicle. He may make a claim against the drivers/owners of the vehicles involved (including you), and may apply for accident benefits for some forms of treatment or for disability benefits if entitled. If your son is under the age of 19, he will need a litigation guardian to represent him. He should consult a lawyer to protect his interests and to ensure that no limitation period is missed for bringing the action. Contact us for more details.