Reasonable Recovery Times/Why You Should Beware of Settling

In some of my other blogs, I have emphasized the importance of not settling an ICBC claim without first speaking to a lawyer. I have done this for a few reasons. One, an experienced personal injury lawyer will have a good idea of the value of your claim. They will be in a good position to determine whether ICBC’s settlement offer is reasonable. Two, Settlement Offers are formal legal agreements that can be more or less complicated depending on the degree of injury and the compensation offered. Because agreeing to settlement affects your legal rights (in exchange for accepting the agreement, you give up any further right to sue for damages) you should obtain legal advice about the practicality of signing such an agreement.

This article addresses the third reason you should not accept a Settlement Offer without first seeking a variety of medical opinions and speaking with a personal injury lawyer.

Serious injuries are easy to see and the pain arising from them is obvious. Less serious injuries are more difficult to physically identify. Both types of injuries can cause you pain and suffering. The level of pain and suffering you experience is unique to you. More importantly, there is no way of knowing the intensity and duration of the pain you will experience from your injuries. For example, someone who has the same type of injury may experience fewer symptoms and less pain than you.

Furthermore, most people are confident and optimistic about their recovery time. Many times these feelings are bolstered by doctors, who take a conservative approach to soft-tissue injuries in particular and claim that you will recover in a matter of months. Comforted by this confirmation of speedy recovery, you uncritically receive ICBC’s Settlement Offer.

Within two years of your accident, you must file a legal action if you decide to sue. In the interim, ICBC will likely propose a Settlement Offer. In terms of timing, the true extent of your injuries may not be apparent until after the two year limit.

The decision to settle or not settle, however, is more complicated than just obtaining maximum recovery. If you decide not to settle and you pursue litigation but the award you receive is less than the formal Settlement Offer tendered by ICBC, you will have to pay ICBC’s costs. The combination of legal issues and conflicting medical reports regarding your recovery further complicate the decision of whether or not to settle. A BC personal injury lawyer can help you make the best decision for you.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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Treatment Strategy: Seeing a Chiropractor

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Chiropractors can provide enormously valuable treatment to those suffering from motor-vehicle accident-related injuries. What once was viewed as an alternative medical treatment has gained widespread acceptance amongst traditional medical practitioners. If you have been injured in a car accident, ICBC recognizes the value in receiving treatment from a chiropractor – it is one form of medical treatment that is explicitly covered in your insurance policy. These medical service providers often have years of specialized experience that make them adept at identifying and treating the types of injuries resulting from car accidents.

A recent agreement between ICBC and the BC Chiropractic Association (BCCA), however, can affect how you decide to receive your chiropractic treatment. This article describes the agreement and how it may influence your treatment decision-making process.

The new agreement creates two systems for obtaining coverage for chiropractic treatment. Some chiropractors have opted-in to the agreement and some have not. You will decide whether you want to see one who is “in” or one who is “out.” If you choose treatment with a chiropractor that has opted-in, ICBC will pay $150 for the first two treatments, $750 if you require more than two but less than roughly 15 treatments and $900 if more than 15 treatments are required. In other words, the amount that is covered for chiropractic treatment is capped at $900. Even if you need treatment in excess of $900, ICBC will not automatically cover that amount. If you choose treatment with a chiropractor that has opted-out, then you will receive the number of treatments the chiropractor deems necessary. You will be covered up to a certain amount through ICBC, and then you will be required to pay any additional “user fees” above this amount. These costs may be recoverable if you sue ICBC.

The drawbacks to this agreement are more apparent the more severe your injuries are. If your injuries are severe and you need more than 15 treatments then you will be responsible for paying for each additional session. Moreover, the agreement may lead to some chiropractors providing you with as few treatments as possible, since with the tier system they receive the same amount of money for providing three treatments as they would for ten treatments. Obviously, you may need more treatments and you will want a system that allows a chiropractor to supply you with the number of treatments you need.

Because of the way the agreement is structured, if you require more than two treatments, you should probably opt to work with a chiropractor outside of the agreement. However, before making this decision you should speak with a BC personal injury lawyer who will help you find a suitable chiropractor and ensure the total cost of your chiropractic and medical treatment is covered by ICBC or recouped in your total damage award.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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Car Accidents: From Broken Arms to Serious Brain Injuries

Car accidents can cause all types of injuries, from relatively minor injuries such as whiplash, to major injuries such as broken bones and brain injuries. Obviously, if you are suffering from a major injury, you should make an insurance claim through ICBC. However, moderate to less serious injuries should also be pursued with the assistance of a lawyer.

The purpose of this article is to describe common injuries resulting from car accidents.

Serious injuries are the easiest to identify because there will be physical signs of an abnormality and obvious pain. Broken bones, brain injuries (including concussions) and ruptured spinal cords are examples of common and severe injuries. Serious injuries require multiple doctor visits, sometimes to specialists. Occasionally, you will need surgery, continuing physiotherapy, extended medication and hospitalization periods.

It is essential to seek legal advice regarding serious injuries, since they often result in a life-long and significant loss of functionality. In other words, the possibility of returning to your pre-accident capabilities is materially reduced.

Moderate to mild injuries include whiplash, sprains, strains, headaches and soft-tissue damage. Unlike serious injuries, no physical damage seems to be apparent in the body. All physiological structures appear normal. But these types of injuries often lead to feelings of pain. For example, you may find that sitting for long periods of time or holding your neck in a certain position becomes painful, even if you had no difficulty performing these tasks before your accident.

Less serious injuries, like the ones discussed above, are notable for two reasons. One, car accidents involve many different forces coming from various directions at the same time. Even at low speeds, when these forces collide in an accident they can have an unpredictable effect on the body. Secondly, science supports the fact that the severity of an impact may have very little relation to the severity of an injury[1]. Thus, a highly severe accident may not necessarily result in a severe injury (though it often does); but a seemingly minor accident can result in a serious injury.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

 

 

[1]Correlating Crash Severity with Injury Risk, Injury Severity, and Long-term Symptoms in Low Velocity Motor Vehicle Collisions, Medical Science Monitor, October 2005; 11(10): RA316-321 by Arthur C. Croft and Michael D. Freeman.

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The 6 Biggest Mistakes You Can Make After Your Accident

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I have represented clients in personal injury cases for over ten years. Time and again I see clients making the same simple errors. These errors cause problems and delays in dealing with their claims. In some cases, a lack of proper documentation has led to a smaller level of recovery. Broadly speaking, the following mistakes fall into three categories: failures in seeking medical attention; and keeping track of your personal health; and failures in seeking prompt legal advice.

Mistake #1: Failing to visit a doctor immediately after your accident.

Attending to your personal health is essential for your well-being. Regardless of your legal claim and the amount of recovery you may expect, it is vital to seek medical attention to address whatever injuries you may have incurred. It is also necessary to determine, in a timely fashion, the type and scope of your injuries.

If you do not visit a doctor within a reasonable period of time after your accident, the presumption will be that you have suffered little to no injuries. Going back and trying to establish a connection between an injury and the accident may prove to be a difficult and time-consuming process.

Mistake #2: Not visiting your doctor regularly.

Whatever type of therapy your medical doctor proposes, you will need to keep him or her updated in regards to your injury’s symptoms. Since your MD must corroborate the evidence you give in court, the more detailed their records are, the better your chances of obtaining recovery are. You should know that ICBC will request your prior medical records before your personal injury accident – whether that is whiplash, soft-tissue damage, or brain injuries; so it is essential to have thorough and detailed medical information on record.

Mistake #3: Not keeping track of missed work or employment.

If you are an employee, you are entitled to wage-loss compensation. But you have the onus of proving how much work you missed. You must also prove that the work you missed was due to your accident-related injury. It is nearly impossible to account for missed work in retrospect. A diligent tracking ensures that your claim will be processed efficiently while your quantum of recovery is maximized.

If you are self-employed, the process of claiming work-related compensation loss is more complicated. See Mistake #5 to learn how you can receive this type of loss in your claim.

Mistake #4: Failing to keep receipts for expenses you have paid.

Just as an accountant needs your receipts when you file a tax return, ICBC will want to confirm any amount that they reimburse to you. If you fail to keep receipts for things like medication, medical supplies and treatment, it is unlikely that you will be reimbursed.

Mistake #5: Failing to get prompt legal advice.

Prompt legal advice can take the specifics of your situation into account, and explain how the claims process works in an understandable way. For example, as in Mistake #3, if you are self-employed, you will learn how to document missed work so that you can claim whatever compensation is due to you. Seeing a lawyer will not only increase the chances you have of maximizing your claim, but will reduce the overall level of stress associated with making an ICBC claim. This will allow you to get on with your life and focus on getting better.

Mistake #6: Speaking with an ICBC adjuster about your claim.

ICBC does not work for you. People who make Mistake #5 often commit Mistake #6 because they speak to an ICBC adjuster before they consult with their own lawyer. Speaking to an adjuster without proper legal instruction can substantially lower your ICBC award.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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Pre-Existing Injuries and Your Car Accident

So you’ve just been involved in some kind of personal injury accident – a slip-and-fall, a motor vehicle accident (car, truck, motorcycle), or cycling accident. On top of dealing with paperwork, possible pain and the stress of the entire claims process, you may have pre-existing injuries which have been exacerbated by your changed circumstances.

No matter how big or small your injuries are, an accident can affect you in unexpected ways. Moreover, these changes may not be apparent or perceptible until well after the accident has occurred.

It is critical to disclose all pre-existing injuries to medical and legal professionals that you will deal with throughout the claims process. For obvious reasons, doctors and physiotherapists will need to know your medical history so they can effectively treat you. Lawyers on both sides of the dispute will request access to your medical history. This means that ICBC will gain access to your prior medical records.

Should you receive an award for damages, your pre-existing injuries will be taken into account. If your claim has merit, you will be compensated for the medical costs associated with the accident’s impact on your pre-existing injury. Importantly, your claim for recovery on pre-existing injuries is limited to the dollar amount associated with addressing the costs for treatment that you would not normally have had. In other words, any award for pre-existing injuries is restricted to the amount of new damage caused by an accident. In awarding damages, the court will attempt to put you in the same position that you were in before the car accident happened.

As always, receiving timely, competent medical and legal attention after your accident is crucial to maximizing the value of your claim.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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Social Media and Your ICBC Claim

Social media is everywhere and can affect the outcome of your ICBC claim. If you have a claim pending, are scheduled for an examination for discovery, or are in the middle of a settlement process, ICBC investigators may be combing cyberspace looking for your digital thumbprint.

This article emphasizes the importance of using social media wisely during the claims mediation process.

Although all use of social media, including blogging sites and the comment feature in many social forums, should generally be approached with caution, this is truer when you are commencing or are in the middle of dealing with an ICBC claim. Information you provide on these sites may be used against you if it is deemed relevant to your case. Because these comments are often provided in the comfort of your home, they might give you a feeling of security through anonymity. Although you may enjoy sharing pictures of your post-accident life on social media sites, publishing it on online forums can hurt the outcome of your claim.

For example, if you have sustained a personal injury to your lower back due to a BC car accident, it is a bad idea to post photos of yourself horseback riding after the date of your accident. Even if the damage only later becomes apparent, and you had no idea about it at the time the picture was taken, these types of photos have the potential to complicate your claim’s adjudication.

You can still use social media after your accident. However, a word to the wise: one, entirely stopping the use of your account while your claim is being handled is the best way to ensure your private life won’t be used against you. If you must use social media, make sure that your security settings are set to maximum.

Protecting your private life is one step toward obtaining the recovery you deserve.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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The Art of Walking: How to be a Pedestrian

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Most of us do it every day. We walk to work; we run a quick errand; or take the dog out for a stroll. Sidewalks are typically readily available and present very few risks. However,  pedestrians can become the unwilling victim of a car accident, at either marked or unmarked crosswalks.

This article discusses specific problems pedestrians face while using the roads. It is meant for both drivers and pedestrians.

While walking on foot can be enjoyable, there is no denying the laws of physics. Pedestrians are at a real disadvantage compared to other road users: they are light and travel slowly. Cars, on the other hand, are heavy and travel quickly in relation to pedestrians. Any impact borne by the victim will be made that much worse because of the disproportionate size, weight, and velocity of the impacting vehicle. This could be a bike, a car, a truck, or a motorcycle.

If you are a pedestrian, what can you do to decrease the risk of a collision? First, take a few extra seconds to cross the street at a marked cross-walk. Pedestrians have the right of way at these intersections when there are no additional street lights directing the flow of traffic.

Unmarked cross-walks also provide a relatively high degree of safety. Make sure to maximize your visibility by making eye contact with drivers as they approach the stop. Second, make sure to perform the pedestrian’s equivalent of a shoulder check when crossing at a place where you suspect a car could make a turn from behind you. The driver may not see you, especially at dusk or at the end of a work day during rush hour. Doing this takes virtually no time and increases your safety once you are “exposed” on the street.

Whatever you do, avoid jaywalking at all costs. Jaywalking increases the amount of time you are on the road as well as the potential for a collision between you and cars coming from both directions.

If you are struck while jaywalking and you bring a claim for personal injuries in BC, you may be found partially liable. The portion of liability attributed to you will be deducted from any dollar amount awarded to you. A 2013 decision from the British Columbia Court of Appeal deducted 30% from the plaintiff’s damage award because he was jaywalking.

Lastly, as a pedestrian crossing the street you need to be aware of both weather and time conditions. A dark, wet road during winter time is more dangerous than a dry road with high visibility on a summer day. As always, drivers should be aware of climactic conditions and change their driving habits accordingly. Both pedestrians and drivers should make eye-contact with each other to communicate their intended use of the road.

It is important to be a conscientious pedestrian or driver when using the road. Distracted walking, i.e. texting while walking, is just as dangerous as distracted driving in terms of the risk of harm occurring. When crossing a street, your full attention should be on what is happening around you, not on your phone or any other personal device. Being aware of the interaction between you and others on the road is a major way to avoid unnecessarily putting yourself and others in harm’s way.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

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The Do’s and Don’ts While Driving in the Summer

SAFER DRIVING: SUMMER ROAD TRIPS DO’S AND DON’TS

Summer driving in British Columbia is without a doubt the most enjoyable driving season. However, the statistics say that driving during the summertime can be just as dangerous as driving during the winter and can lead to accident and injury. The sun, the breeze and the laid-back atmosphere are more than capable of lulling you into a false sense of security.

This article tells you what you should and should not do while driving during the summer.

DO:

KEEP AN EYE OUT FOR INCREASED TRAFFIC

The City of Vancouver often schedules its largest construction projects for the summer months. This can cause traffic re-routing and delays. As a result, people often become frustrated, confused and irritable. Warm weather also means that more people are getting out and using the roads. This places a higher strain on existing traffic patterns. Give yourself a slightly larger margin of time to get to your destination. You will feel much less stressed out, and arrive safely. Plus, you’ll also get to enjoy more of the nice weather!

WATCH OUT FOR PEDESTRIANS, CYCLISTS AND MOTORCYCLES

Vancouver is an active city. A moment’s inattention can lead to an accident and personal injury for both parties. A cyclist or pedestrian will likely bear more severe injuries because of the difference in size between a car and a person. It is critical to perform a right and left shoulder check when turning, especially in congested areas outside the downtown core that do not necessarily have cyclist designated lanes.

BE AWARE OF STATUTORY HOLIDAYS

While many people travel out of town during the summer, more people than usual are outside during summer statutory holidays. Be sure to slowly approach intersections that have poor visibility. These may be exposed to heavy foot traffic. For example, emerging from alleys and undercover parking lots on inclines are good examples of this.

PRE-PLAN YOUR ROAD TRIPS

With longer days and shorter nights, it might be tempting to give in to spur of the moment trips. However, unplanned trips can often lead to long driving times and drowsiness. (Don’t want to fall asleep at the wheel? Check out this article and find out which app will help- you stay awake while driving.) If you are planning an extended road trip requiring multi-hour driving make sure you are well-rested. Maintaining alertness, keeping hydrated and staying energized with nutritious meals are highly recommended. 

DESIGNATE A DRIVER

Alcohol is a ubiquitous beverage during the summer. Even one beer can impair your ability to effectively operate a motor vehicle on a busy summer night. Not only have fines for drunk driving increased, they do not cover the legal liability you may incur in a civil suit. A friend is usually happy to act as the designated driver. If not, a taxi can always be called. In Vancouver, there are also a few designated driver businesses.

DON’T:

SPEED

By far the number one killer on the road is speeding. While the relaxed mood of summer may induce you to speed, going easy on the gas could save you money and your life.

OVERLOAD YOUR CAR

Packing for a trip? Over-packing stretches the weight-bearing capacity of your vehicle, creates dangerous weight distributions and reduces visibility in back mirrors. All this can affect your ability to quickly manoeuvre out of a dangerous situation. Check your car’s manual for exact load limits or simply use common-sense and pack only what will fit in designated storage areas such as the trunk.

DRIVE ON OLD, IMPROPERLY INFLATED WHEELS

Worn out tire tread puts you at substantial risk since it decreases the grip your vehicle has on the road.  Wheels without sufficient pressure can cause accidents and lead to injury. Sudden summer storms, invisible oil slicks and even hail compound the danger of summer driving. Proper tires can help keep you safe in these conditions.

Follow the above Dos and Don’ts and you’re well on your way to enjoying a safe and stress-free summer.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

Follow Coric Law on Instagram at coric.law and on other social media platforms!

 

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