$60,000 for soft tissue injury with headaches.

On November 10, 2015, the BC Supreme Court awarded non-pecuniary damages of $60,000 for chronic soft tissue injuries with associated headaches. In Hinder v. Yellow Cab Company Ltd., 2015 BCSC 2069, the plaintiff was involved in an intersection collision. The defendant denied liability but was found fully at fault at trail. The plaintiff suffered a variety of soft tissue injuries, some of which resolved. She continued to have neck symptoms with associated headaches at the time of trial (some five years later) which were expected to linger into the future. In assessing non-pecuniary damages at...

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Long Term Disability Insurance – common questions.

Q.What is long-term disability insurance? A. Long-term disability (LTD) insurance is designed to provide replacement income should you become disabled from work. Often, LTD coverage is bundled together with short-term disability coverage (which may cover, for example, only the first six months of disability) under a group insurance plan provided through your employer. If you have a private life or accident and sickness policy, you may have LTD coverage as well. Q. What types of disability are covered? A. Coverage varies from policy to policy, but generally speaking, LTD policies cover any...

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What to do if you have a disability claim.

Disability insurance policies are ‘peace of mind’ contracts that pay you a portion of your lost income if you become “disabled” from working as a result of illness or injury. These can be individual/private plans or policies (paid for privately by the person wishing to be insured) or group plans or policies (paid as part of your employment package). The contract or policy will set out the definition of disability. Contractual definitions are always open to interpretation. Generally you will qualify for benefits if you are not able to do all, or substantially all, of the duties of your...

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Should I retain a long-term disability lawyer?

If you’ve been injured or become ill and can’t work, and your long-term disability (LTD) insurance company denies you benefits, it’s in your best interests to get a lawyer. Unlike a disability claim with the Canadian government (CPP disability), long-term disability insurance companies are not impartial. Long-term disability insurers have a vested interest in the outcome of LTD claims, because the more disability claims they approve and pay out, the less financially healthy their bottom line is. And the fewer long-term disability cases they approve, the greater their profit...

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Do I have an ICBC claim?

Many people wonder: “Do I have an ICBC claim?” In many cases, these people actually do have an ICBC claim. What is surprising is how often ICBC tells people that they do not have a claim when they actually do (or at least that is what the potential claimant hears). Unfortunately, too many people take ICBC at their word or do not understand what is being communicated. Sometimes, it’s not that ICBC has actually said that you do not have a claim it’s that they have told you they will not pay you anything for your claim, or do not believe you have a claim based on the information in their...

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