Aggravated damages explained.

The Supreme Court of Canada decision in Fidler vs. Sun Life, released on June 29, 2006, clarified the legal principles for awarding aggravated damages in Canada. Facts of the Case Ms. Fidler was a bank receptionist who, at the age of 36, became ill and was eventually diagnosed with chronic fatigue syndrome and fibromyalgia. She began receiving LTD benefits from Sun Life in 1991. The benefits were terminated in 1998, based to a large extent on video surveillance which Sun Life felt detailed activities inconsistent with her claim that she was incapable of performing light or sedentary work....

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Structured settlements explained.

In larger personal injury claims, a structured settlement may be available to you. You must negotiate the structured settlement before judgment or during the settlement process. After judgment, the option of a structured settlement is no longer available. A structured settlement, in simple terms, is an annuity purchased at the time of the settlement, which provides a stream of income over a certain period of time. The significant advantage to a structured settlement is that you receive a certain stream of income tax-free over a given period of time. Also, the principal of the investment and...

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Can social media hurt my insurance claim?

In recent times, social media websites like “Facebook”, “Blogger”, and “Myspace” and “Twitter” have become an excellent source for insurance companies to investigate claimants. When you post something on these social media websites, the world can look at what you have posted. For example, you may mention, on a social media site that you went on a trip, hiked a mountain, went on a skiing trip, enjoyed socializing with your friends, etc. In so doing, the insurer will likely find out this information and use it against you. Imagine if the insurance company downloads some photographs of you...

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What are the steps of a personal injury lawsuit?

The current Supreme Court Rules came into effect in British Columbia on July 1, 2010. The following paragraphs set out a summary of the main steps in a personal injury lawsuit under these Rules. It is important to note that not all lawsuits proceed in the same fashion. This article is designed to provide a general overview and does not address all situations. 1. Information Gathering – the first step in any lawsuit is to gather the relevant information from documents, the accident site, witnesses, doctors, caregivers, family, friends, co-workers and any other relevant sources of information....

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Fact Sheet for ICBC and Personal Injury Clients.

DOS and DON’TS   Do: See your doctor regularly so that he or she can provide us with a full report on your condition. Tell us if you visit a new doctor, chiropractor or physiotherapist for treatment of your injuries. Keep us informed of any important changes in your medical condition. Save any cast, collar, brace or other device that has been used in your treatment. These might be helpful if your case goes to court. Keep us advised of any change of your address, phone or work information. Save any receipts for any expenses related to the accident or your injuries (drugs, taxis, repair...

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