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...

read more

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...

read more

When should I settle my ICBC claim?

The question of when to settle your ICBC claim is one of the biggest decision you will make. There is no easy answer and will depend largely on the facts involved in your ICBC claim. ICBC will often attempt to settle your claim very soon after the accident. It is to ICBC’s benefit to close files early and save administrative costs. Also, the earlier you settle the ICBC claim, the less ICBC generally pays. Once you settle your claim you will not be entitled to any further compensation from ICBC. This is because, as part of your settlement, ICBC will ask that you to sign a final Release that...

read more

What if I’m the victim of a hit and run?

You should obtain legal advice immediately in the case of a hit and run accident. You may have a hit and run claim for damages against ICBC under your own insurance policy or the policy of a member of your household, but you must strictly comply with the conditions of your insurance policy. These conditions were created in an effort to avoid fraudulent hit and run claims. For filing hit and run claims, you must make “all reasonable efforts” to ascertain the identity of the unknown driver and owner. A judge or jury is ultimately responsible for deciding whether or not you made...

read more

What if I have an MVA while working?

I was working at the time of my collision. ICBC claims that the driver who was at fault was also working at the time and that I therefore have no claim against ICBC. Is ICBC right? If the other driver was not a “worker” as defined by the Workers Compensation Act, you have may have to decide whether to make a WorkSafeBC claim or to claim damages against ICBC; however, ICBC may refuse to pay you disability benefits or fund your rehabilitation on the basis that you were a “worker. ” If both you and the other driver are found to be “workers,” then you are not...

read more

What 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 more