Expert evidence in disability and personal injury lawsuits.
Lawyers often seek the opinions of medical experts in disability and personal injury lawsuits. The purpose of these engagements is generally to present evidence in relation to such important matters as: • the underlying cause of the plaintiff’s injuries; • the nature and extent of the plaintiff’s injuries and corresponding functional limitations, deficits or disability; • any further treatment or rehabilitation initiatives that may need to be undertaken; and • the prognosis for future recovery or symptom improvement. Although opinions on such matters may vary from expert to expert, the...
read morePunitive damages explained.
Punitive damages are particularly prevalent in the USA where they are often left to the discretion of a group of citizens, a jury, who may impose them when they determine that a defendant’s conduct has been uncivilized or to deter other from acting in such an underhanded way, to improve, generally, law and order, or simply to reward the plaintiff for his financial risks in litigating and enforcing the law. Where awarded, they are an exception to the rule that damages are to compensate not to punish. The exact threshold of punitive damages varies from jurisdiction to jurisdiction. In...
read moreAggravated 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....
read moreCan social media activity impact my disability 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...
read moreWhat are the steps of lawsuit?
The Supreme Court Civil 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....
read moreHow do disability benefits effect my ICBC claim?
If a person injured in a motor vehicle accident has access to a short-term or long-term disability plan because of the injuries suffered in the motor vehicle accident this is, generally speaking, a significant advantage. The advantage is that in most situations ICBC cannot deduct the disability benefits paid when considering settlement on the injury claim. In other words, if the net wage loss is $10,000 and the insured is paid $5,000 in disability benefits, ICBC does not pay $5,000, they pay $10,000. ICBC is not allowed to deduct disability benefits in situations where the insured pays all...
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