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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Seeking Therapy: Traditional vs New-Age Treatment

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If you have been injured, whether that is in a motor-vehicle or a slip-and-fall accident, you must seek prompt medical attention. Your first stop may be to a clinic or in severe cases, a hospital. However, most people who are not seriously injured at the scene of their accident will first go to see their general practitioner. As mentioned in BC Car Law’s last blog “What Type of Doctor Should I See: General Practitioners vs Specialists,” regardless of the severity of your accident, you should see a medical professional right away. Once you have received your initial diagnosis, if you are suffering from an accident-related injury, you may be entitled to receive compensation for the cost of the medical treatments that you receive before your claim with ICBC is settled.

You will choose which doctors treat you. However, your choice of doctor, especially when choosing between traditional and alternative medicine providers, may affect the amount you recover from ICBC.

The bottom line is that unless scientific evidence proves that an alternative treatment plan has concrete benefits for the type of injury you have suffered, ICBC will probably not cover the cost of such alternative treatments.

Be prepared to prove that the alternative treatment of your choosing is actually improving your health. One way you can do this is by getting a medical report documenting the gradual improvements in your health. Also, regularly going to your GP to have him or her document your health status as well as the other medical treatments you are receiving is a good idea.

If you are concerned about being able to cover the cost of your medical treatments and are unsure about whether your ICBC compensation will cover your alternative medical treatments, you should seek legal advice.

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 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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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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