Legal Services

Pedestrian Accident

Involved in a Pedestrian Accident?

When vehicles and pedestrians interact on streets and highways pedestrians are vulnerable to serious injury when drivers fail to see them.

Although there are laws that govern the interaction of motor vehicles and pedestrians, both drivers and pedestrians have rights and responsibilities.

For example, the pedestrian has the right of way and the driver must yield in a marked or unmarked crosswalk, while pedestrian must yield to motor vehicles when crossing a road where no crosswalk exists.

The driver of a vehicle must drive with proper due care and attention, and is required to reduce his or her speed or yield to a pedestrian if it is clear that to do otherwise would present a risk of danger to the pedestrian. So even if the pedestrian has not complied with the rules of the road, a careless driver can be held responsible for injuries and losses caused to a pedestrian if an accident occurs.

If you’ve been injured as a pedestrian, you may have a claim against the owner of the vehicle and the driver who hit you, even if you may not have been properly following the rules of the road as they apply to pedestrians. Buckley and Company have successfully represented pedestrians who have suffered injuries ranging from soft tissue and fractured limbs to severe brain injuries.

If you’ve been involved in a Pedestrian Accident or to make an appointment click here

Cyclist Accidents

When you’re a cyclists you are often required to share the road with much larger and faster vehicles, this makes you the cyclists vulnerable to injury and loss when involved in an accident with a motor vehicle. It is obvious that a bike rider involved in a collision with a motor vehicle can suffer serious injuries, even when properly wearing a helmet and safety equipment that is required by law.

Cyclist accidents causing injuries as a result of a careless motorist are entitled to compensation for their injuries and losses.

Motor Vehicle drivers are required to take certain precautions when sharing the road with cyclists.

The drivers must always be on the look out for cyclists and be ready to adjust their driving when a rider is present, including slowing down when driving beside a cyclist if failing to do so could be dangerous. Drivers who park on the street are also required to check for cyclists before opening the door to their vehicles.

Pursuant to British Columbia’s Motor Vehicle Act, the cyclist has statutory rights and duties the same as someone operating a motor vehicle.

There are also special responsibilities particular to cyclists under the Motor Vehicle Act that pertains to proper safety equipment and rules of the road. An example of this would be:

bicycles are not allowed to be ridden on sidewalks.’
Cyclists must ride as near as possible to the right side of the road.
Cyclists must also dismount at cross-walks unless specifically permitted.
It is also the law in British Columbia that cyclists must wear safety helmets.

By following these rules, cyclists can guard against accidents and protect their claim for compensation against any reduction for contributory negligence if injured in a collision with a motor vehicle.

For more information on Cyclist Accidents or to make an appointment click here

Fatal Accidents (Wrongful Death)

Wrongful Death

Fatal Accidents, wrongful death is a legal term used to describe the circumstances in which one the negligence of one person causes the death of another.

Often, wrongful death claims arise because of reckless or negligent driving of another motorist. If this occurs, family members of the person wrongfully killed may be entitled to significant compensation.

In BC, The Family Compensation Act provides the legal framework for compensating the family members of a person killed by the wrongful act or negligence of another person.

The Family Compensation Act permits spouse (including same sex and common law spouses), children (including adopted children and stepchildren), parents and grandparents to claim compensation for the death of their loved one.

Fatal Accident (Wrongful Death) Compensation may be claimed for:

loss of love
guidance and affection
loss of past and future financial support
loss of household services
loss of inheritance
medical, hospital and funeral expenses.

Establishing the claims for loss of financial support and household services can be quite involved in some cases. Buckley and Company has the experience, and the economic experts when necessary, to quantify these complicated issues.

Under Part 7 of the Insurance (Vehicle) Act as a Family member you may also be entitled to “no-fault” death benefits in cases where the wrongful death occurred in the course of a motor vehicle accident.

Buckley and Company have vast experience in the wrongful death legal process following the loss of a loved one. We also know that the loss of a loved one has devastating consequences, both emotionally and financially, we always maintain our priority in assuring the future financial security of surviving family members.

For more information on Fatal Accidents (Wrongful Death) claims or to make an appointment click here

Occupiers’ Liability Claims

When you slip, or trip and fall serious injuries can result, if the fall is caused by unsafe or dangerous property conditions or poorly maintained areas, the person who is in control of the property and/or the owner may be responsible to pay damages to the injured person. Hopefully, the responsible person has insurance to cover any such Occupiers liability claims.

Your right to claim for compensation in this type of circumstances is governed by the Occupiers’ Liability Act in BC.

Keeping the land or buildings, in reasonably safe condition is generally the responsibility of the owner or occupier of property for the use of other persons who could be expected to come onto or into the property. An owner or occupier could be the person who owns or controls a residential property, bare land, government land and buildings, municipal property, commercial or business premises, recreational centres or sports facilities, for example. Sometimes it is difficult to ascertain the owner of a property – your Buckley and Company lawyer has the necessary contacts and experience to determine this very important fact for you. In some cases, there is more than one responsible owner or occupier.

If the responsible owner is a municipality, there are strict time limits within which you must notify the municipality and commence your claim. If you fail to comply with these strict requirements, you will lose your right to claim compensation. It is a good idea to contact one of our lawyers as soon as possible if you have been injured in a slip and fall incident, so that we can determine whether any special notice requirements apply in your case, and if so, ensure compliance with them for you.

Some examples of unsafe conditions that could lead to injury are poorly lit areas, defective railings or absence of railings, unsafe stairways, wet or slippery floors, obscured holes, icy parking lots, sidewalks or stairways, poorly maintained driveways or sidewalks, poorly constructed or unrepaired decks or other structures, or any other condition that presents a hazard that could cause injury to a person lawfully using the premises.

If you have been injured in a slip and fall incident, you should:

Take photographs of the location where the incident occurred, and also photographs of the footwear you were wearing. Photographs should be taken as soon as reasonably possible, before the owner or occupier promptly takes steps to remedy the hazard, thereby compromising valuable evidence.
Get names and contact information from anyone that witnessed the incident.
Report the incident to the property owner(s) if you know who they are.
Visit your doctor as soon as possible and follow his or her advice for treatment or therapy.
Contact Buckley & Company to discuss your claim and to ensure you meet any time limits that apply in your case.

Would you like more information on Occupiers liability claims or to make an appointment click here

Slip and Fall

Your right to claim for compensation in this type of circumstances is governed by the Occupiers’ Liability Act in BC.

If you have been injured in a slip and fall incident, you should:

Take photographs of the location where the incident occurred, and also photographs of the footwear you were wearing. Photographs should be taken as soon as reasonably possible, before the owner or occupier promptly takes steps to remedy the hazard, thereby compromising valuable evidence.
Get names and contact information from anyone that witnessed the incident.
Report the incident to the property owner(s) if you know who they are.
Visit your doctor as soon as possible and follow his or her advice for treatment or therapy.
Contact Buckley & Company to discuss your claim and to ensure you meet any time limits that apply in your case.

Would you like more information on slip and fall claims or to make an appointment click here

Long Term Disability

When your long term disability benefits are wrongfully denied or wrongfully terminated it can be devastating.
The Buckley & Company have the experience working with long term disability providers to assist you. When your long term disability insurer denies your claim or terminated your benefits, or informs you that your benefits are ending on a certain date, we can help by ensuring you receive the benefits you are entitled to.

LTD or ‘Long-term disability benefits’ provides you with income should you become totally disabled due to an injury or injury and are no longer able to work.
Normally long term disability policies are offered to individuals through their employment or with a group plan. Individuals may have also purchased private insurance.
Long-term and short-term disability policies are quite often grouped together.

Short-term coverage typically provides you with income for the first six to 12 months of disability
Long term coverage commences after that if your disability continues.

Long term disability contracts do not provide standardized coverage. The requirements, wording and benefits differ from policy to policy, insurer to insurer.
In order to receive benefits, policies often state that you must be “totally disabled.” The insurer requires medical evidence to support your disability claim. Most often this evidence will be provided by your family doctor on a time to time basis in a form provided by the insurer. Most often, at some point the insurer will require you to be assessed “independently” by a doctor they have chosen, and this often results in termination of benefits.

Long term disability policies usually require the insurer to pay benefits for two years after you become disabled from your own occupation. Usually it is at this two-year point that benefits are often terminated, because the definition of “total disability”under most plans, changes. To keep receiving benefits after two years, you must show medical evidence proving that you are unable to work at any job for which you are reasonably suited on the basis of your education, training and experience, not just the job you held at the time you became disabled.
Insurance companies may investigate you and your claim under the using the excuse ‘prevention of fraudulent claims’. You must disclose all relevant information during this process. Though the insurance company can’t violate any laws, they are allowed to take pictures and interview your friends, neighbors and co-workers. Insurance companies may use this information out of context to justify termination of your benefits, while disregarding information that supports your ongoing disability. For instance, photographs or video evidence may suggest you are more physically capable than in fact you are.

Most people have no way of know how to respond to an insurance company’s tactics. These claims are complex and the power imbalance is in the favor of the policy provider and not you as the insured. Moreover, these claims are subject to strict time periods regarding when legal action can be taken. Your Buckley & Company lawyer has the skill and resources to address the complexities of your disability claim and to level the playing field between you and your insurer. If you are entitled to long-term disability benefits, we will ensure you get them.

Long term disability benefits problem or to make an appointment click here

Infant and Child Injuries

A child or person under the age of 19 under the law in British Columbia and is considered an “infant.” Through the negligence of another person when an infant gets injured they can suffer injuries the same as an adult, and depending on the age of the child, the type of injuries suffered and the effects of those injuries, a child can be entitled to infant and child injury compensation for the same reasons as an adult.
When the injured person is under the age of 19, the procedures for resolving the claim through negotiation or through the Courts is not the same as that for an adult, mainly because of the necessary involvement of the office of the Public Guardian and Trustee of British Columbia.

When an adult agrees to settle his or her claim for a certain amount of money, the adult signs a release agreement and in exchange, receives his or her settlement amount. In the case of an infant’s claim, the settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $50,000, the Public Trustee reviews the proposed settlement and then makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and then the Court makes the final decision on the matter.

In supporting the proposed settlement, written submissions must be provided to the office of the Public Guardian and Trustee. The submission must explain:

the circumstances of the accident
the injuries suffered
whether the infant has ongoing or permanent symptoms
limitations arising out of the injuries
amount of compensation proposed
as well as reasons to justify the proposed compensation
the steps taken in the litigation process
if an action has been commenced
any relevant legal issues (such as liability or contributory negligence) that might affect the amount of compensation,
the amount of legal fees proposed.

Relevant medical or other documentary evidence Accompanying the written submissions must also be included to the Public Guardian and Trustee to fully consider the merits of the claim and proposed settlement.
When the settlement is approved, the settlement monies are forwarded to the Public Guardian and Trustee’s office where they are held in trust for the infant until he or she attains the age of 19 years.
If the Public Guardian and Trustee’s office does not approve the settlement, an application can be made to Court to approve it, although the application is likely to be contested, or the matter is referred back for further negotiation or gathering of evidence or information as the case may require.
This process is designed to protect the interests of the infant, and it can provide peace of mind to the infant’s parents in the way of ensuring their child has received a fair settlement.

Want more information on the Public Guardian and Trustee’s role in an infant’s personal injury claim, see the website of the Public Guardian and Trustee of British Columbia: http://www.trustee.bc.ca/services/child-and-youth-services/Pages/infant-settlements.aspx

Typically, the limitation period within which a legal action must be commenced in personal injury lawsuits is two years from the date of the accident, but for infants, the limitation period is postponed until two years after the infant attains the age of majority (19 years of age). Also, an infant’s legal action must be commenced by a “Litigation Guardian” (typically one of the child’s parents or a legal guardian) who can instruct the lawyer and receive and consider legal advice. A parent who may have been at fault for the child’s injuries is not eligible to act as Litigation Guardian.

Because of obvious complexities involved in pursuing a claim on behalf of a child, it’s always a good idea to retain a lawyer to assist with the process, and despite the additional steps the lawyer is required to take in the course of representing an infant, there are no additional legal fees. Buckley & Company has represented numerous infants with injuries ranging from mild whiplash type injuries to catastrophic brain injuries. We understand the devastating effect a child’s injuries can have on a family, and we strive to handle these claims with professional integrity and respect and consideration for the family of the injured child.

Need more information on Infant and Child Injuries claims or to make an appointment click here

Insurance Claims

Purchasing all kinds of different forms of insurance to protect yourself and family from the financial costs associated with loss or damage to your home, personal property, health or life.
Most often, if you suffer a loss for which you hold a valid contract of insurance, you are entitled to compensation or benefits as described in the policy.

Insurance claims are structured around an insurance policy and this policy is a contractual agreement that imposes obligations on both the insurer and the insured.
The insurance settlement process can be frustrating & complex, not to mention time consuming.
In all likelihood it’s probably the first time since signing the insurance contract, that you, the insured, have had any contact with your insurance provider.
Typically, certain steps must be taken before your insurance company accepts or rejects your claim, furthermore there are specific timelines regarding when you are able to sue for recovery against your insurance provider.

Section 23 of British Columbia’s Insurance Act stipulates that in the case of property loss, a legal action must be started within two years after the date that the insured knew or should have known the loss occurred, and in all other insurance claims, within two years after the date the cause of action arose.

In most cases, this means that you have two years from the date of your insured loss to either resolve the claim with your insurer, or start a legal action against your insurance company.

As an insured, the typical obligations you have require you to pay your premiums, and in some cases, notify your insurance provider of any material changes to the things insured that will affect the insurance company’s risk. When a loss occurs, you have additional responsibilities.

You are required to provide proof and notice of your loss within a certain time period and failure to do so can negatively affect your claim.
You are also required to act in good faith by providing truthful information about your claim at all times.

Your insurance company has obligations as well. The person assigned to handle your claim must evaluate it and decide whether to accept or reject it. The insurer does this by assessing the evidence supplied and the insurance policy you signed.
Often times the insurer solicits the help of an adjuster to conduct a full review of your claim. Your insurance provider is legally required to act in good faith and is required to make their insurance decisions on what is referred to as“reasonable grounds.” If the insurance company acts unreasonably or is found by a court to have acted in “bad faith,” you may be entitled to significant compensation that is over and above your insurance benefits and legal costs.

Some Examples of “Bad Faith”

Failure to properly investigate a claim
Making threats against an insured
Unreasonable delay in handling a claim
Unreasonably interpreting an insurance policy against an insured

There can at times be a power imbalance created between you, as the insured, and your insurance provider. Having experienced a loss, you are likely in a financially vulnerable position. The lawyers at MacIsaac & Company have years of experience negotiating with insurance providers assisting clients to receive fair compensation. Our lawyers have the knowledge and experience to handle all aspects of your claim and will help you gain a fair settlement through negotiation, mediation or trial.

Life Insurance

When you are a beneficiary collecting life insurance you may have problems with the insurance provider when making your claim.
If you fail to disclose an accurate medical history to the insurer:

including prior medical conditions,
medical tests or examinations
other material fact that may affect eligibility for life insurance, and may operate to void the life insurance contract.

Our lawyers can advise you regarding the exceptions to this general rule.

Need more information on Insurance claims or to make an appointment click here

compensation

Compensation for your losses

What’s Your claim worth?

The value of your claim will depend on a variety of factors unique to your claim including:

who is at fault for your injuries
the types of injuries you’ve suffered
how long you are expected to suffer with your injuries
how have your injuries affected your life
how have your injuries effected your employment

Each claim is unique, but there are general guidelines and rules of law to provide reference for appropriate compensation for each individual claim.
In addition to the compensation discussed in this section, which are known as “tort” damages, and even if you were at fault for your injuries, you may be entitled to “no-fault benefits” from ICBC.

With motor vehicle accident caused injuries, you need to understand that ICBC has settlement guidelines for soft tissue injuries that are capped at $15,000 for damages for pain and suffering, that British Columbia courts are not bound by ICBC’s guidelines, and in fact, courts have awarded in access of $100,000 for more serious soft tissue injuries which result in chronic, or long term pain and limitations.

(Non-Pecuniary or General Damages)

Pain, Suffering and Loss of Enjoyment of Life or Non-pecuniary or general damages are designed to compensate an injured person for the loss of ability to fully enjoy life the same way he or she did before the injury.
Compensation for your losses Factors that are considered are:

the type & severity of the injuries
the extent of pain a person has endured and/or will continue to endure as a result of the injuries
the impact of the injuries on the person’s
the impact of the injuries on the person’s employment
the impact of the injuries on the person’s recreational and day-to-day activities
psychological well-being
their personal relationships

There is no precise or mathematical means to calculate Non-pecuniary damages. Instead, courts have established a range of damages that vary with the type of injuries and the way in which the injuries have affected the particular claimant’s life.

Compensation for your losses
In 1979 the Supreme Court of Canada established an arbitrary limit of $100,000 that could be awarded for the most serious and devastating of injuries. The limit, or cap for non-pecuniary damages increases each year with inflation, and currently is about $325,000.

Loss of Income

An injured person is entitled to be compensated for loss of any income that would have been earned up until the date of settlement or trial, as well they are entitled to any income realistically expected to be lost in the future as a result of the injuries suffered. There have been cases where a person is entitled to compensation for loss of income even if he or she was not working or employed at the time of injury. Compensation for loss of income may include the value of any lost benefits. Even if a person may have lost the opportunity for a promotion or change to a higher paying job. If proven, this “loss of opportunity” is also recoverable.

Past Loss of Income

A person can also receive compensation for losses injured by the fault of another person and is entitled to recover any wages or salary lost if he or she cannot work due to the injuries suffered.
Past loss of income is calculated from the date of the loss until the conclusion of the claim by trial or settlement. If the person was injured in a motor vehicle accident, her or she is entitled to loss of income (after tax income), and the amount is further reduced by any disability benefits paid by ICBC under Part 7 (“no-fault benefits”).

Loss of Future Income or Loss of Earning Capacity

If a person can prove that his or her injuries will probably result in loss of income past the settlement or trial date, that person is entitled to compensation for loss of future income. Sometimes a person will be totally disabled for the remainder of his or her entire working life, and sometimes he or she might be only partially disabled, or disabled from only some type of work but capable of others. The Courts generally view a person’s ability to work as what’s referred to as a “capital asset,” the value of which varies depending on a person’s age, work history, education and other factors.

Sometimes a person’s future loss of income can be calculated fairly easily by referencing the wage or salary earned at the time of injury, but sometimes the loss cannot be so easily calculated.
When there is a “real and substantial possibility” that an injured person will lose income in the future, they are entitled to be compensated for that loss, even if a return to a full or part time occupation has been realized. This type of income loss is referred to a ‘loss of earning capacity’ and requires an assessment of the value a person’s “capital asset” has been diminished. This calculation is more arbitrary than mathematical and is considered on a case by case basis. Some factors the court will consider when assessing a loss of earning capacity are whether the injured person:

less capable overall from earning income from all types of employment
less marketable or attractive as an employee to potential employers
lost the ability to take advantage of all job opportunities which might have been open to him or her had the injury not occurred
less valuable to him or herself as a person capable of earning income in a competitive labor market

When preparing a case for settlement or trial it’s important to have an accurate medical prognosis which can help determine future income loss. In more complex cases, your Buckley & Company lawyer also has access to expert economists, vocational and work capacity professionals who can assist in developing and supporting your claim for loss of income.

Costs of Future Care

When a person is injured through the fault of another person they are entitled to receive money to fund items and assistance necessary to improve and maintain the injured person’s physical and mental health.
Future care costs may include such things as:

rehabilitation support services
physiotherapy
chiropractic treatment
massage therapy
equipment and home alterations reasonably necessary to facilitate independence and mobility
medications
housekeeping services
yard maintenance and handyman services
psychological counselling
occupational therapy
nursing or in-home care services
child care
and educational or vocational support services

Before you can settle your claim, it’s important to have a long-term medical prognosis addressing the duration of accident related injuries and the associated limitations, plus the recommendations of qualified professionals for future care needs over the long term.

Where necessary, Buckley & Company can retain experts to provide recommendations for future care needs, and in more complex cases, the costs of the recommended items over the long term, or for life, if necessary.

Loss of Housekeeping Capacity

If a person injured through the fault of someone else and is less able to perform their usual tasks in and around their home, they are entitled to compensation for their reduced capacity to perform those chores.
The courts will recognize this loss by awarding a higher amount for non-pecuniary damages, and sometimes it will included the costs of future care or special damages.
However, loss of housekeeping capacity is sometimes considered a separate type of loss, and another specific amount will be awarded to compensate the injured person for their loss of ability to perform household tasks, even when the person has not actually spent money to hire someone else to do those tasks.

‘In Trust’ Claims for Assistance Provided by Family Members

When a family member such as a spouse or parent provides services to an injured relative, they may be entitled to compensation, regardless if the injured person did not pay for the services. The claim is made as part of the injured person’s claim for compensation “in trust” for the person who provides the services. Generally, the services will involve homemaking or nursing services above and beyond what would reasonably be expected from the family member who provided them. Typically, it must be demonstrated that the person who provided these “extraordinary services” experienced an economic loss (such as income loss) because of the time and effort spent providing the services, or that the person provided services for which the injured person would otherwise have incurred an expense, such as the hiring of a housekeeper, nurse or care attendant.

When you are injured and have benefited from the extraordinary services of family members, you should keep track of the time they spend in providing the services in order to support your claim for compensation on their behalf.

Special Damages

Special damages are reasonably incurred expenses through the fault of another person. When injured in an accident for which someone else is at fault, you have probably incurred out-of-pocket expenses for things such as:

Repair or replacement of damaged property or clothing
Ambulance fees
Medical treatment
Fees and/or user fees for therapies such as massage, chiropractic treatment, physiotherapy or acupuncture
Prescription or over-the-counter medications
Dental expenses
Vehicle repair
Car rental
Insurance deductibles
Travel expenses or mileage to medical appointments and therapies
Housekeeping services
Medical equipment or adaptive aids
Expenses or lost income incurred by family members caring for an injured person

When the insurance company or your own extended benefits coverage does not cover these types of expenses, they are recoverable at the conclusion of your claim if they were reasonably incurred in relation to your accident and injuries.
Working closely with your doctor and other health providers to determine appropriate means of treatment and rehabilitation. Usually, if you’ve incurred the expense following a physician’s advice, you will be able to recover the expense. It is also a good idea to keep any receipts or invoices for out-of-pocket expenses.

For information on Compensation for your losses or to make an appointment click here

How We Get Paid

For personal injury claims and most insurance claims, Buckley & Company will work for you under a contingency fee agreement. This means we don’t get paid unless and until you get paid. Simply put, if we recover nothing for you, you pay us no legal fees. If we are successful in recovering compensation for you, you pay us a percentage of the amount we recover at the conclusion of your claim.
Typically, that percentage will be between 25% and 33.3%. We can discuss the question of legal fees with you during your free consultation.

Another option is to pay your lawyer in the conventional way, which is at an hourly rate.
If you hire your lawyer on an hourly basis, your lawyer will ask for a retainer, that is payment in advance of services and will send you regular interim accounts for payment.

If you choose to pay your lawyer on a ‘contingency fee’ basis, then in addition to paying legal fees at the conclusion of your claim, all the other expenses which your lawyer incurs in the prosecution of your claim such as:

Court Registry fees
the cost of obtaining medical evidence
evidence necessary to advance your case
the cost of experts reports

These are financed by your Buckley & Company lawyer. These expenses, known as “disbursements,” can add up to thousands, and in some cases, tens of thousands of dollars. They are payable at the conclusion of your claim, and are most often recovered from the at-fault party’s insurer.