After being injured by a negligent driver while riding his bicycle, our client sustained a serious injury with serious implications for his future employment opportunities. Despite ICBC’s attempt to discredit his claims, Preszler Injury Lawyers have helped him recover the compensation he deserves. Click here to read more.
The Supreme Court of British Columbia recently published its decision in Ham v. Dhaliwal, 2022 BCSC 520. The court found our client 0% liable for the accident and the defendant 100% liable. The defendant backed out of his driveway into our client’s path of travel. ICBC argued that our client was partially at fault for … Continue reading Preszler Injury Lawyers Win at Trial Again
Preszler Injury Lawyers is excited to announce another big win against ICBC. In Corness v Ng, 2022 BCSC 334, our client sustained a back injury when a negligent driver ran a red light and caused a serious car accident. Our client was an extremely hard worker who had built up a successful flooring business. Before … Continue reading Another Million Dollar Win for Preszler Injury Lawyers
Preszler Injury Lawyers are proud to announce another fantastic win at trial. The BC Supreme Court recently released the Reasons for Judgment in Lee v. MacLean. Our client suffered injuries to her neck with headaches which impacted her ability to work as a cancer surgeon. ICBC vigorously fought the case, arguing that our client was … Continue reading Preszler Injury Lawyers’ Client Awarded Millions of Dollars
In Grewal v Chandi, 2021 BCSC 1200, our client suffered chronic neck, shoulder, and back pain with arm numbness as a result of a rear-end accident that impacted her ability to work. Counsel for ICBC argued that our client was not truthful and exaggerated her injuries. Unfortunately, this is a common tactic used by insurance … Continue reading ICBC Loses, Preszler Injury Lawyers Win Again
In Choy v Stimpson, 2021 BCSC 1020, the plaintiff sustained injuries in two motor vehicle accidents. After the first accident, he experienced pains in his neck, upper back, and surrounding areas. He also had ongoing ringing in his ears, nausea, dizziness, and vertigo. ICBC took a low-ball offer strategy with Mr. Choy’s claim, which forced … Continue reading ICBC’s Low-Ball Offer Leads to Another Win for Preszler Injury Lawyers
Preszler Injury Lawyers are excited to receive another trial victory for a deserving client. Reasons for Judgment were released by the BC Supreme Court in Hawes v. Nyhus, awarding our client fair compensation for injuries he sustained. Our client was injured in a car accident when another driver negligently turned into oncoming traffic, causing a … Continue reading New Trial Victory in British Columbia
Preszler Injury Lawyers were successful again at trial in Besteman v. Landriault. As a result, the defendant was found 100% responsible for a car accident that occured when they ran a late yellow light as our client was turning left. ICBC argued our client was partially at fault for the crash, an argument with which … Continue reading Another Trial Victory Against ICBC
Reasons for Judgment were released by the BC Supreme Court last week in Hadley v. Pabla, awarding our client nearly four times the amount offered by ICBC before trial. Raj Bhogal was successful in obtaining an award for damages for Mr. Hadley, including his pain and suffering, past and future loss of earning capacity, out-of-pocket … Continue reading Another Preszler Win at Trial in Hadley v. Pabla
We were encouraged to receive reasons for judgment in Grant v. Ditmarsia Holdings Ltd. awarding our client more than ten times the amount offered by ICBC before trial. Tyler Dennis and Amarit Bains were successful for Mr. Grant at trial. The court accepted that his injuries were real, serious and having a large impact on his life. The … Continue reading Preszler Injury Lawyers Beats ICBC Low-ball Offer at Trial
Preszler Law is proud to announce that trial counsel, Nate Hartney was successful at trial for our client, Ms. Duffy, who was awarded damages for her pain and suffering, out-of-pocket expenses and future medical treatment expenses after a car accident. Articling student, Evan Lay, accompanied Nate at trial. Congratulations to Evan for finishing his first trial. This … Continue reading Preszler Once Again Wins At Trial In Duffy v. Dutt
Preszler is proud to announce another fantastic trial win. The BC Supreme Court recently published reasons for their decision in Guan v Hayward, 2020 BCSC 552. In Guan, Preszler lawyer Josie Guglielmucci obtained a $124,744 award for the 25-year-old plaintiff who had been injured in a motor vehicle accident. This award is many times higher … Continue reading Preszler Injury Lawyers Once Again Victorious at Trial at Guan v Hayward
The BC Supreme Court recently published reasons for their decision in Bucholtz v Zhang, 2020 BCSC 571. In Bucholtz, Preszler lawyer Seth Wheeldon obtained a $188,603 judgment in favour of the plaintiff. This is a strong result considering that the plaintiff worked through his pain and therefore had not suffered any wage loss. For background, … Continue reading Preszler Injury Lawyers Win at Trial Again
A long-term disability lawsuit is a time-consuming process that changes your life forever. Further, much will depend on the type of disability plan offered by your employer. As expected, this is often complicated, so it is wise to have legal counsel assisting you from the very beginning. Our personal injury law firm can help you … Continue reading What are the Steps in a Long-Term Disability Lawsuit?
If you have severe migraines, it could be possible to recover benefits from a long-term disability policy. The Preszler personal injury law firm might be able to assist you with filing a claim. Our team could help show that your condition is real and that it is debilitating. To discuss how we could help in … Continue reading Are Migraines a Long-Term Disability?
A person suffering from chronic fatigue can seek benefits from their long-term disability insurance policy if their employer provides it. Many insurance companies are leery of providing benefits, however. Medical professionals do not entirely understand the syndrome, and there isn’t a list of specific criteria or tests for diagnosing it. The good news is that … Continue reading Is Chronic Fatigue Syndrome a Long-Term Disability?
If you struggle with addiction, whether with alcohol, drugs, or activities such as gambling, you may qualify for long-term disability benefits. However, much will depend on your employer’s group policy. Most do not preclude benefits due to addiction– but there are usually strict requirements regarding treatment and rehabilitation programs for qualification. There is also a … Continue reading Does Addiction Qualify for Long-Term Disability Benefits?
Many people struggle with anxiety, but most will respond to medication or other treatments. For some, however, this disorder becomes so overwhelming that they are unable to participate in normal activities, including employment. Whether a person is approved for long-term disability benefits for this depends on various factors. However, any type of claim for mental … Continue reading Is Anxiety a Long-Term Disability?
Hitting a large animal, such as a moose or deer, can cause serious injuries and significant damage to your vehicle. Since these wild creatures do not obey the rules of the road, many drivers assume ICBC will cover them. If you have comprehensive insurance, vehicle damage is covered, but if you were negligent, they might … Continue reading Will the ICBC Cover Me If I Hit an Animal While Driving?
There is no simple answer to the question, “how long do long term disability benefits last?” The reason is simple: every insurance policy is different. The duration of your potential long term disability benefits is one factor you should take into account when selecting a policy. Some policies cap the length of payments at a … Continue reading How Long Do Long Term Disability Benefits Last?
Without a doubt, a long-term disability is frustrating for employers and employees alike. A person who unexpectedly cannot work finds it difficult to make ends meet. An employer who has relied on that person for years– find themselves facing rising disability insurance premiums– while an important job goes undone. In British Columbia, the law prevents … Continue reading When is a Disability a Frustration of Contract in British Columbia?
Driver penalty points will affect your ICBC premiums if you collect too many of them over a year. The greater the number of points accrued, the higher your premiums will rise. That is why it is vital to challenge any driving infractions so that your premiums will not skyrocket by obtaining legal counsel. A Preszler … Continue reading Do Driver Penalty Points Affect My ICBC Premiums?
Since “Driving Under the Influence” (DUI) is a criminal offence, and nearly all employers conduct a background check on potential hires, a DUI on your record may seriously affect your ability to obtain gainful employment. In some fields, including law enforcement, teaching, or other government positions, not only is a background check a certainty– but … Continue reading Do Employers Check for DUIs?
If you were injured in a car accident, you could receive a settlement from the ICBC. However, the amount of your settlement depends on various factors, including your degree of responsibility for the crash. Another critical factor is whether you have legal representation— at Preszler Law, we know the many types of damages recoverable. Most … Continue reading Can I Get a Settlement for a Car Accident?
Everyone likes to have a good time–especially during the holidays. Whether a party is centred around a holiday or a gathering of friends, alcohol is commonly involved. If you are hosting a party with alcohol, you are likely concerned with ensuring your guests have a good time. However, if you do not take measures to ensure … Continue reading If I Throw a Party Am I Responsible for the Actions of My Guests?
Historically, the tools available to determine fault in a car accident were limited. Investigators could inspect the damage to the vehicle and interview witnesses, but the cause was often hard to determine. When both drivers pointed the finger at each other– often it could be impossible to determine fault. As technology continued to spread, personal … Continue reading Should I Use a Dashcam in British Columbia?
If you suffer an injury in a slip and fall in British Columbia, you may be wondering how much your claim is worth. Unfortunately, there is no set answer; each case is unique, and the compensation will be based on specific factors. However, our dedicated BC slip and fall lawyers can examine the facts of … Continue reading How Much is My Slip and Fall Case Worth?
Environmental awareness and a culture of increased physical fitness have led many people to become avid cyclists. But accidents happen, even to those on bicycles. The Insurance Corporation of British Columbia (ICBC) insurance might cover the losses if the accident involved a motor vehicle. If the accident only involved the bicycle, a pedestrian, or a … Continue reading Does ICBC Insurance Cover Bicycle Accidents?
Canada’s citizens are known worldwide for demonstrating an uncommonly high degree of care and concern for their fellow countrymen. However, this penchant for politeness can work against your interests in an automobile accident. Under certain circumstances, a polite apology after a car crash might be interpreted as an admission of liability. The legislature in British … Continue reading Is Apologizing After a Car Accident Admitting Fault?
In recent history, employers viewed disability claims for mental health with skepticism. While physical injuries are obvious, people were indifferent or unaware of psychological and emotional issues and their ability to cause substantial harm. However, the reality is that mental health issues are common. Each year, thousands of British Columbia residents miss work. In some of … Continue reading Is Mental Health Covered by Long Term Disability?
For years, pain and suffering damages were a common part of small claims lawsuits in British Columbia. Even seemingly minor injuries often resulted in substantial awards. A steady increase in the amount of benefits paid out each year led to the provincial government to drastically reduce them. Now, the government places a firm cap on … Continue reading Is Pain and Suffering Awarded After a Minor Car Accident?
If you leave the scene of any car accident that causes injuries to people, animals or results in some property damage, you may be both civilly and criminally liable for hit and run. After you are in an automobile collision, the laws of Canada and British Columbia obligate you to stop and investigate and to … Continue reading Is Leaving the Scene of an Accident the Same as Hit and Run?
The Insurance Corporation of British Columbia (ICBC) will call after you’ve reported a motor vehicle accident. They may ask for additional information, request that you sign a medical release form, or notify you of a pending offer. It is important to understand that you have legal rights and options. Their first offer is not necessarily … Continue reading Should I Accept the ICBC’s First Offer?
Much of the focus after a car accident is on the driver’s bodily injuries– and for good reason. These wrecks create life-altering repercussions. In addition, the potential severity of property damage in a claim is also significant. The technology surrounding the ability of a motor vehicle to absorb impact has improved greatly over the years. While … Continue reading How Long Does It Take to Fix a Car After an Accident
By law, anyone involved in a car accident must remain at the scene until law enforcement arrives. Leaving the scene after a collision results in Failing to Stop at the Scene of an Accident, a criminal offence with potentially serious penalties. This attempt to avoid responsibility is better known as a hit and run. The … Continue reading What Happens If Someone Leaves the Scene of an Accident?
Yes, if you are involved in an automobile accident in British Columbia, and you suffer an injury, you are eligible to collect a settlement from ICBC. Most claims fall under the jurisdiction of “minor” since new definitions went into effect April 1, 2019, including a cap on “pain and suffering” damages for minor accidents. If … Continue reading Can I Get an ICBC Settlement If I Only Have Minor Injuries?
Yes, the ICBC can request your medical records after an automobile accident. However, they often seek more information than what is absolutely necessary in order to minimize or deny your claim. The insurance company is a business, looking out for its bottom line, which could be at odds with paying you a fair settlement. For … Continue reading Can the ICBC Request Medical Records?
By law, unlicensed drivers are not covered by the ICBC. The ICBC requires that drivers of any insured vehicle are qualified and licenced to drive it. The owner of a vehicle must have a valid licence to drive it, and it is their responsibility to ensure that anyone driving the car is also licenced properly. … Continue reading Are Unlicensed Drivers Covered by the ICBC?
For many youths, earning a licence to drive is a rite of passage. For parents, supporting a child’s foray into greater independence is an exciting time, but it can also be fraught with anxiety. Fortunately, British Columbia uses a graduated licensing system designed to minimize risks and provide new drivers with the training they need … Continue reading How Do You Get a Licence as a Teenager in British Columbia?
Loaning your car to a friend or neighbour may seem like the most natural thing in the world. However, new ICBC regulations mean you should think twice before doing it. ICBC and car loaning On September 19, 2019, new ICBC rules concerning the loaning of vehicles came into effect. Motorists are now asked to list … Continue reading Can I Loan My Car to a Friend?
It is no secret that car accidents are traumatic. Broken bones, concussions, and traumatic brain injuries are only some of the consequences. In many cases, these are immediately obvious. After all, it is hard to miss a severe burn or a broken bone. However, others take time to manifest. Conditions involving soft tissue, or the … Continue reading Should I See a Doctor After a Car Accident?
Every year, thousands of British Columbia motorists get tickets for traffic infractions and violations. Whether the alleged driving offence is minor or more serious, the consequences can mean hefty fines, penalty points and possible driving restrictions. Is a court appearance necessary? There are two types of traffic tickets that can be levied, and once you … Continue reading Do I Have to Go to Court for a Ticket?
Of all the types of automobile collisions, few are as dangerous as a T-bone accident. Commonly referred to as a side-impact crash, this results when the front of one vehicle collides with the side of another. Many victims of these accidents never see the other car until the moment of impact. Additionally, an impact to … Continue reading What Happens When Your Car is T-Boned?
Following a car accident, it is likely that ICBC will quickly get in touch with you. In many cases, they will ask you to give a brief recorded statement about how what happened. Even though they might not tell you a statement is mandatory, it is often implied. Do you have to give a statement … Continue reading Should I Give the ICBC A Recorded Statement?
Knowing how to file a claim with the Insurance Corporation of British Columbia (ICBC) is important in claiming financial compensation for medical expenses, lost wages, homemaking services, and property loss. If the accident wasn’t your fault, you might be entitled to further compensation for medical and rehabilitative expenses from the other motorist’s third-party liability coverage. … Continue reading How Do You File an ICBC Claim?
Yes – It Is Always In Your Best Interest to Get a Lawyer for ICBC Claims While it is possible to obtain a fair settlement from ICBC, the first offer is not necessarily unbiased or as much as you deserve. It is in the best interest of the insurer and the taxpayer to pay you … Continue reading Do You Need a Lawyer if the ICBC Offers You a Settlement?
Vancouver, Victoria, North Vancouver and White Rock are rated the most “walkable” cities in British Columbia for good reason. But when drivers fail to yield or breeze through a crosswalk with careless inattention, it is pedestrians and cyclists who suffer the most. The Insurance Corporation of British Columbia (ICBC) reports that some 50 pedestrians are … Continue reading Do I Need a Lawyer if I Was Involved in a Pedestrian Accident?
Crashing a car is one of life’s most stressful events. Sudden, unexpected injuries, transportation issues that limit your ability to get back to work, and the cost of repairing or replacing your vehicle will compound the anxiety. If your vehicle was hit through little to no fault of your own, ICBC might provide money to … Continue reading How Does the ICBC Determine if a Car is a Write-Off?
There is no question that many car accidents result in extreme emotional distress and trauma. However, changes in ICBC regulations as of April 1, 2019, now consider any type of mental health issue due to a motor vehicle accident a “minor injury.” That means any claim of emotional distress or psychological problems stemming from an … Continue reading Can I Claim Emotional Distress After a Car Accident?
Pets are just as vulnerable to the effects of a serious accident as humans, and their injuries can run up large vet bills with a long recuperation. Whether your pet is covered by the ICBC depends on who is responsible for the accident that caused injury to you and/or your pet. In the case of … Continue reading Are Pets Covered by the ICBC?
A serious accident throws any victim’s life into upheaval and affects them financially. However, it can sometimes be even more of a burden for the self-employed. You can claim lost wages from the ICBC if injured in a motor vehicle accident, but the process is more complicated for those running their own business than for … Continue reading Can I Claim Lost Wages From the ICBC If I’m Self-Employed?
Motor vehicle accidents know no boundaries, but if you are involved in a collision outside your home province, ICBC regulations and your benefits might change. That is because each province – and country (if the accident happens in the U.S.) – has its own laws regarding auto insurance. If you were seriously injured in the … Continue reading What Happens If You Get Into an Accident in Another Province?
It is bad enough when the ICBC declares your car a total loss after a crash. It is even worse if you still owe money on the vehicle because the debt does not go away simply because the car is inoperable. While insurance should pay for the replacement value of the car, that replacement value … Continue reading What Happens If Your Car Gets Totalled and You Still Owe Money?
It might seem as if a deer lurks behind every tree. That perception is not far off, as British Columbia is home to approximately 250,000 coastal black-tailed deer, 190,000 mule deer, and 65,000 white-tailed deer. Each year, roughly four people die, and 380 people are hurt in deer and vehicle collisions. Whether or not ICBC … Continue reading What Happens If I Hit a Deer?
Following a motor vehicle accident, you want to seek medical attention immediately, whether that’s through your primary care physician or the nearest emergency room. However, when it comes to collecting compensation for your injuries through ICBC, you will be required to see a doctor of their choice. Defence Medical Examinations are warranted when you apply … Continue reading Do I Have to See the Doctor the ICBC Chooses?
Anyone injured in a car accident is likely to need some time off work. For many people, it is just a matter of a day or so, but those who are seriously hurt may lose considerable time off the job. The good news is that the ICBC does provide wage loss benefits after a motor … Continue reading Can I Claim Lost Wages After a Car Accident?
Yes, you are required to report accidents to the Insurance Corporation of British Columbia (ICBC). Automobile accidents are traumatic events that can lead to anxiety, sadness, confusion, anger, and uncertainty. This mixture of emotions can affect your judgement in the days that follow. When a serious accident with injuries has occurred, you could be whisked away from … Continue reading Do You Have to Report an Accident to ICBC?
The Insurance Company of British Columbia, or ICBC, is the crown-operated corporation that insures all registered vehicles. It can cover claims from a fender bender to a serious, life-changing injury. While these claims can result in monetary compensation for your injuries, there is no guarantee that they will succeed. This especially true if you try … Continue reading How Long Do You Have to Make an ICBC Claim?
Many B.C. motorists have a tendency to presume they always have the right of way, especially against pedestrians or bicyclists, but that is not how the law works. In particular, bicyclists have the same right to be on the public highways as any car or truck, provided they follow the same rules of the road. … Continue reading Rainey v. Fane: Is a Bicyclist Automatically at Fault for Colliding with a Van?
It probably comes as no surprise that most car accidents occur at intersections. In fact, according to ICBC, intersection collisions represent about 60% of all motor vehicle accidents in B.C. For that reason, ICBC and the provincial government spearheaded the installation of over 140 “red light cameras” throughout B.C. in order to promote safer driving … Continue reading Schmidt v. ICBC: Photographs Favour Insurer’s Version of Vancouver Auto Accident
Determining liability for a car accident often comes down to whom a B.C. judge finds more credible, the plaintiff or the defendant. In the absence of accident reconstruction experts or other specialists, personal injury claims typically succeed (or fail) based on a person’s ability to recall an accident that happened several years earlier. While judges do … Continue reading Who Will a Judge Believe in a “He Said/She Said” Car Accident Lawsuit?
For B.C. pedestrians, getting hit by a car or truck is a major, life-altering event. Even in non-fatal pedestrian accidents, the victim may sustain a traumatic brain injury that can permanently affect his or her ability to work and live a normal life. This makes it all the more imperative for pedestrian accident victims to … Continue reading Zacher v. Prescesky: B.C. Judge Awards Injured Pedestrian $2.1 Million
Driving in hazardous conditions is a common occurrence for B.C. drivers. It is important to exercise extra caution when there is bad weather that affects visibility on public highways. Failure to do so can result in a car accident, and in turn a personal injury lawsuit. For example, a B.C. Supreme Court judge recently held … Continue reading Ferguson v. Shan: Foggy Conditions Lead to Highway 97 Accident
Car accidents can have serious, long-term ramifications for your ability to earn a living. Many accident victims find they are unable to return to work for months or years afterwards. Even those who do return to work may find their ability to advance in their careers sharply curtailed by their accident-related injuries. The Two Accidents … Continue reading Gill v. Lai: B.C. Court of Appeal Reduces Damage Award to Victim of Multiple Car Accidents
If you are self-employed, an auto accident can have a devastating impact on your ability to earn a living. Especially if you work in an industry where client demand tends to fluctuate, it may be difficult to calculate the precise loss of income attributable to an accident. Nevertheless, B.C. judges have a legal duty to … Continue reading How Does an Auto Accident Affect a Self-Employed Person’s Income?
Although some car accident lawsuits require detailed reconstruction through the use of expert testimony to determine who was responsible, many other cases simply come down to the conflicting testimony of the plaintiff and the defendant. It is therefore up to the trial judge to decide whose testimony is more credible, and thus who is liable … Continue reading Cardinal v. McKay: Self-Represented Plaintiff Held Liable for Prince George Accident
If you have sustained serious injuries in a car accident, both the negligent driver and ICBC will go over your past medical history with a fine-tooth comb. It is in their interests to find anything in your past that might reduce their own liability for the accident. Even if the accident aggravated a pre-existing injury, … Continue reading Dornan v. Stephens: How do Prior Brain Injuries Factor into a Personal Injury Claim?
When it comes to personal injury claims arising from auto accidents in B.C., there is no one-size-fits all formula. A judge will take into account a number of factors related to the victim’s educational, employment, and even family status when determining damages for things like loss of past and future income or pain and suffering. … Continue reading Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?
Anytime there is an auto accident in B.C., you can rest assured that ICBC will be involved. ICBC adjusters are generally responsible for making the initial determination of which driver, if any, was liable for the accident. Even when, as is often the case, all of the drivers involved are insured by ICBC, the adjuster … Continue reading Won v. ICBC: Small Claims Tribunal Rejects Claim “Other Driver” Responsible for Intersection Collision*
It is well-established in B.C. law that the “occupier” of a property, such as a retail store, can be held liable for a personal injury sustained by members of the public due to negligence. This does not mean the occupier is automatically responsible for every injury that occurs on its property. Instead, the B.C. Occupiers Liability … Continue reading Tanaka v. London Drugs Limited: Store Not Liable for Customer-on-Customer Assault
Whenever an auto accident occurs in Vancouver, ICBC is likely to be involved. An ICBC adjuster will typically review the circumstances surrounding the accident and determine who was at-fault. If you find yourself on the negative end of such a decision, you may need to go to court to vindicate your rights, particularly if you … Continue reading Li v. ICBC: Driver Held At-Fault for Changing Lanes in Front of TransLink Bus
When it comes to personal injury claims arising from auto accidents in B.C., there is no one-size-fits all formula. A judge will take into account a number of factors related to the victim’s educational, employment, and even family status when determining damages for things like loss of past and future income or pain and suffering. … Continue reading Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?
A car accident can turn a victim’s life upside down in a matter of seconds. The physical and mental trauma of an accident can affect the victim’s ability to work, engage in recreational activities, and even perform the basic tasks of daily living. When such injuries are the result of third-party negligence, the victim has … Continue reading Khademolhosseini v Ji: Engineering Doctor Claims Car Accident Holding Him Back in His Career
Motorcycle accidents frequently result in devastating injuries, as the motorcycle rider obviously lack the protection of a car or truck driver to absorb the impact. Consequently, accident victims may find themselves restricted in their ability to work or perform the activities of daily living for months or years after the collision. Such limitations need to … Continue reading Kennedy v. Cumming: Motorcyclist Receives $360,000 in Damages Following Accident
ICBC is often in the position of deciding who was responsible for causing a multi-car accident. But just because ICBC’s adjusters think they know what happened, that does not mean they have the last word. If you find yourself on the wrong end of an ICBC liability determination, you have the right to take the … Continue reading Harper v. Insurance Corporation of British Columbia: ICBC Faults Incorrect Driver for Auto Accident
One of the most common outcomes of an auto accident is chronic pain, particularly in the victim’s back. Indeed, such back pain may linger in a victim for years following an accident and affect his or her ability to work or carry out the basic activities of daily living. When the accident itself was the … Continue reading Goldie v McLean: Pair of Auto Accidents Cause Kelowna Welder Chronic Back Pain
There is a popular misconception–really, a dangerous urban myth–that motor vehicles always have the right-of-way over bicycles. Such thinking obviously stems from the fact that motorists vastly outnumber cyclists, even in bicycle-friendly places like Vancouver. Still, such thinking is wrong. B.C. law does not give drivers of cars and trucks special rights on the public … Continue reading Behragam v Paviglianiti: Bicyclist Not at Fault for Vancouver Intersection Accident
Sorting out legal responsibility for a car accident is significantly more complicated when there are more than two vehicles involved. Consider a chain-reaction accident that takes place between three cars, i.e., Car A hits Car B followed by Car B hitting Car C. Which of the three drivers, if any, is liable for damages sustained … Continue reading Bay v. Woollard: Plaintiff Found 75% Liable for Three-Car Accident Near Vancouver Airport
Our lawyers Almira Esmail and Tyler Dennis recently received news of another victory in the recent judgment of Khademolhosseini v. Ji, 2019 BCSC 854. On December 23, 2014 Dr. Khademolhosseini was in a rear-end accident where there was minimal damage to his vehicle. The defence argued that there would be no loss to his future earnings because … Continue reading Minimal Damage to Vehicle = Big Award!
Trial Success: Our lawyers Nathanial Hartney and Tyler Dennis recently reasons for judgment for Dale v. Vickers, 2019 BCSC 821 handed down by Madam Justice Fleming. This was a complex case involving a young legal assistant that was injured in three separate motor vehicle accidents, the first occurring May 8, 2013. Prior to speaking with a lawyer, … Continue reading Another Trial Success!
Preszler Law Trial Lawyer Nathaniel J. Hartney recently won a difficult wrongful death jury trial against ICBC. Nathaniel represented the widow of a man who was killed while riding his motorcycle on the sea to sky highway after a logging truck overturned and spilled its load of logs into oncoming traffic, striking and killing his … Continue reading Preszler Law Wins Jury Trial against ICBC
British Columbia Airplane Accident Lawyer A commercial and private airplane accident is often a life-changing event for victims and their family members, causing serious and debilitating injuries for some, and fatal wounds for others. All airplane accidents, however small or large, require thorough investigation by an experienced British Columbia airplane accident lawyer, even if you … Continue reading The Basics of a Airplane Accident Personal Injury Claim
Cars have been equipped with seatbelts for decades. The regulation of seatbelts and the impact that they have on both drivers and passengers in the unfortunate event of a motor vehicle crash have been the subject of much debate over the years. There are some schools of thought that would believe that seatbelts are not … Continue reading British Columbia Seatbelt Laws: What you Need to Know
Although dogs are often referred to as “man’s best friend”, unfortunately this is not always the case. Some dogs by their nature have the great capability to cause serious injuries, both to people and other animals. If you are the unfortunate victim of such an incident, it is important to take the proper steps to … Continue reading I’ve Been Bitten by a Dog in British Columbia: What do I do?
For residents of British Columbia, crossing the border into the United States can be a regular, if not daily occurrence. Whether for travel to Washington, commuting for work, going on a day trip, or conducting other business, the reasons for doing so are wide and surprisingly common. Many BC residents are even employed in the … Continue reading Navigating the Legal Implications of British Columbia Cross-Border Accidents
Persons injured in accidents often suffer different types of damages that can depend on their occupation, whether they are employed outside the home and whether they are the person in charge of performing household tasks at their home. In many cases, it is not only a person’s loss of earning capacity that drives the value … Continue reading Is Loss of Housekeeping Capacity Something that Injured Parties Can Be Compensated for in British Columbia?
For today’s internet savvy consumers, booking vacations, car rentals, and virtually all other associated items has become a matter of simply clicking and booking through the internet. Pictures of wonderful vacation rentals by owners and Airbnbs lure consumers into a convenient and attractive option for booking overnight stay needs. While Airbnbs appear to be the … Continue reading Airbnb and Premises Liability: What you Need to Know
Some of us are just not “complainers” by nature. That is to say, if certain people are involved in a car accident, they will not complain or “make a fuss” about their injuries or pain. Of course, they will still seek medical attention. But they just are not the type to complain about any ongoing … Continue reading Rickett v. Sangra: Burnaby Judge Awards $355,000 to Man Injured in 2015 Car Accident
There are over 2,000 pedestrian accidents in British Columbia each year. The pedestrian obviously feels the brunt of a collision, as he or she lacks any protection from the road or other elements. Even when the motor vehicle driver is clearly at fault for the accident, there may still be a dispute as to the … Continue reading Proving a Traumatic Brain Injury in a Pedestrian Accident Case
One of the risks in filing an ICBC claim is that the corporation may initially pay for damages to your vehicle following a car accident, only to turn around and demand repayment. This can happen when an ICBC adjuster decides your damages were unrelated to the accident in question, you exaggerated or falsified your claim, … Continue reading How is ICBC Repayment Handled?
One of the more common mistakes people make following a car accident is failing to contact the local police. B.C. law actually requires anyone involved in an accident to notify the police within 24 hours (or 48 hours in rural areas) if the estimated damages exceed $1,000. Even if you are unsure of the amount … Continue reading Do You Need to Get a Police Report After a Car Accident?
A motor vehicle accident can leave you with debilitating, long-term pain that makes it impossible for you to return to your previous job. For this reason, B.C. law permits damages for loss of an accident victim’s “future earning capacity.” Calculating this category of damages is often easier said than done. If the victim was regularly … Continue reading Proving Loss of Future Earning Capacity While in School
Calculating the exact amount of a car accident victim’s injuries is often not a simple task. For instance, how do you put a dollar amount on the long-term effects of depression, anxiety, and post-traumatic stress disorder, all of which may result from a serious accident? Even when discussing economic damages, such as the loss of … Continue reading Quantifying the Psychological and Career Damages Caused by a B.C. Auto Accident
There are some personal injury lawsuits arising from car accidents in which both sides offer extensive expert testimony to bolster their respective cases. In other cases, there is little evidence available to the court aside from the testimony of the parties themselves and any witnesses at the scene. In these situations, the trial judge is … Continue reading The Importance of Witness Credibility in B.C. Car Accident Cases
A hit-and-run car accident poses unique legal challenges for the injured parties. After all, who do you sue if you never saw the driver who hit you? Fortunately, B.C. law provides an answer in most cases–namely, that ICBC is responsible for any hit-and-run arising from the “use or operation of a vehicle on a highway … Continue reading When is a Highway Not a Highway?
Not all multi-party car accidents involve two motor vehicles. In B.C., it is not uncommon for a car to hit a moose or another wild animal. In more populated urban areas, there are frequently collisions between cars and household pets such as dogs. If you are involved in a vehicle-animal collision, do not assume that … Continue reading Who is Responsible When a B.C. Motorist Hits a Dog?
Under the normal rules of the road, speeding and running a red light are the type of reckless acts that would make you liable for a car accident. There is a critical exception for emergency vehicles such as ambulances. Under B.C. law, the driver of an emergency vehicle may “exceed the speed limit” and “proceed … Continue reading Who is Responsible for an Ambulance Accident?
When you have been seriously injured in a car accident and are facing financial hardship, you may be hesitant to contact a lawyer about your case. But the fact of the matter is that attempting to serve as your own lawyer in a personal injury lawsuit, especially one where you are seeking a significant amount … Continue reading Do I Need a Lawyer for a Personal Injury Case in British Columbia?
Although pedestrian accidents are by definition a mismatch–a 1,500-kilogram car versus a human being–that does not mean the motorist is automatically liable for any injuries sustained by the pedestrian. As with any personal injury claim, a court must consider the relative fault of all parties involved. A judge may, in fact, decide that the pedestrian … Continue reading Is the Motorist Always Responsible for Pedestrian Accidents in B.C.?
When you are involved in a car accident, you know you need to file a claim with your insurance company, which for most B.C. residents is ICBC. If your vehicle was damaged in the accident due to another party’s negligence, an ICBC-approved repair centre will assess the cost of the repairs. By law, ICBC is … Continue reading When is ICBC Liable for an Unsatisfactory Repair Job?
Personal injury cases in B.C. usually involve accidents, such as a motor vehicle collision caused by someone driving recklessly or unsafely. There are also plenty of cases in which one party intentionally injures the other. Let us say a fight breaks out and one person seriously injures the other. The aggressor may be held liable … Continue reading B.C. Judge Awards Damages to Man Injured in Burnaby Starbucks Fight
It is a basic principle of B.C. law that an accident victim is entitled to recover the costs of past and future medical care related to his or her injuries. To give a simple example, if you are hit by a car and your doctor prescribes painkillers to help you manage the pain, the negligent … Continue reading Can a B.C. Accident Victim Claim the Cost of Medical Cannabis as Damages?
Truck accidents are not always the result of driver negligence. In many cases, the vehicle itself may have some sort of defect that causes a driver to lose control. Sometimes these defects are the result of shoddy maintenance by the truck’s owner. But the problem may also go all the way back to when the … Continue reading B.C. Court of Appeal Upholds $4.8 Million Volvo Personal Injury Award
This sounds like a plot from a television comedy series: A car accident victim sues the negligent driver for damages. The victim said he suffered terr
The effects of a car accident can play out over a period of several years. In many cases, a victim’s injuries will degrade his or her ability to earn
An auto accident can significantly harm your long-term employment prospects. Whether you are currently employed or looking for work when your accident
In the aftermath of a motor vehicle accident in British Columbia, the individuals involved inevitably confront a series of questions: Was anyone injur
As we’ve discussed before, when you’re involved in a car accident in B.C., you may have as many as three distinct legal claims: a claim for Part 7
The winner of a law suit is typically entitled to the expenses (legal costs and disbursements) they incurred to prove their case. When an insurance
When you are injured in a motor vehicle accident, your first thoughts go to seeking medical treatment. But shortly thereafter, you may realize that yo
A motor vehicle accident can leave you with permanent physical, mental, and emotional injuries. This can affect every aspect of your daily life going
One of our outstanding lawyers, Almira Esmail was interviewed by FACEBC on being a leading female lawyer who is advancing justice. Click here to read
When a person is injured in a motor vehicle accident in British Columbia, he or she may have as many as three types of ICBC claims. One of those is a
On average, 1,300 children younger than 10 are injured in a motor vehicle collision in British Columbia each year, according to ICBC—and five die as
Many, if not most, motor vehicle accidents are the result of simple carelessness. Drivers must always pay attention to traffic and other road conditio
Motor vehicle accidents remain far too common in British Columbia. According to the most recent data published by the Insurance Corporation of British
Distracted driving is a major cause of car accidents in B.C. In many respects, drivers distracted by their phones and other electronic devices pose an
When dealing with the legal aftermath of car accident, you cannot assume that a B.C. judge will conclude that your claimed injuries were the direct re
After a motor vehicle accident, our immediate focus tends to be on treating any physical injuries. But accidents are also a serious form of trauma, on
Not all car accident injuries heal with time. Many B.C. residents find themselves dealing with chronic pain for years following an accident. Chronic p
In any auto accident case, the defence may invoke two legal principles designed to shift blame away from their own negligence and towards the plaintif
A car accident lasts just a few seconds, but it can have a lifelong impact on your physical and mental health. In many cases, an accident will lead to
In many cases, a commercial truck accident is the fault of someone associated with the larger vehicle, such as the driver or owner of the tractor-trai
Dealing with the Insurance Corporation of British Columbia (ICBC) is never as easy as you might hope. Although the crown corporation is supposed to pa
In assessing damages following a car accident, a British Columbia judge will carefully scrutinize the victim’s pre-accident medical condition, includi
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehic
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehic
When fault is disputed following a car accident, it is always helpful if there are third-party witnesses around who can testify as to what happened. I
Last updated Sep. 1, 2018. The Insurance Corporation of British Columbia (ICBC) is the province’s mandatory auto insurer. Every driver in the pro
Picture this: You’re a passenger in your friend’s car. The two of you are traveling below the speed limit at night in a forested area of British C
Each year, British Columbia’s compulsory auto insurer, ICBC, processes around 900,000 insurance claims. In 2016, the average settlement for minor in
Liability for a car accident often focuses on whether one or multiple drivers failed to obey applicable traffic laws. Consider the simple case of a dr
Distracted driving is an issue making headlines throughout British Columbia in recent months as cell phone use while driving has become increasingly
Many British Columbia residents work for themselves. This can have significant advantages, but there is also one big disadvantage: if you are seriously.
The majority of personal injury cases involve the actions of adults. There are some situations, such as bicycle accidents, in which the negligent part
Any personal injury lawyer will tell you it is a bad idea to represent yourself in court. It is equally ill-advised to serve as your own doctor follow
A traumatic brain injury is often dismissed as nothing more than “getting knocked out for a few seconds.” Indeed, the popular tendency to describe
The effects of a car accident can stay with a victim for the rest of his or her life. Naturally, that includes
Car accidents occur every day in British Columbia. Many result in little more than minor property damage that is easily
Preszler Law is happy to announce their Visionary Sponsorship of a new women’s organization, Feminist Association for Collaborative Education
Last updated Aug. 31, 2018. For most British Columbians, being involved in an automobile accident is a thankfully rare occurrence. And being injured
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehicle
Last updated Aug. 31, 2018. In a slip and fall case, everyone has a job to do. Your job is to try and recover from your injuries and return to your
This time of year, we often see icy roads and sidewalks and as a homeowner, it is important to know what your responsibilities are to keep your proper
On average, around 1,600 bicyclists and 2,600 pedestrians are injured in automobile accidents in British Columbia every year. Such accidents are among
British Columbia law requires that every driver in the province carry auto insurance provided by the Insurance Corporation of British Columbia
Do you know your rights before signing a waiver? Seth Wheeldon from Preszler Law spoke with CTV News Vancouver about waivers, safety and liabilities.
Winter provides a great opportunity across Canada to enjoy skiing, snowboarding, ice skating, snowshoeing, snowmobiling, hockey, and other winter
Last updated Oct. 18, 2018. When is it a good idea for you to hire an ICBC lawyer to assist you with your ICBC claim? Maybe you were involved in a
In British Columbia, long-term disability (LTD) insurance policies are commonly provided as a part of employment benefit packages.
According to the Canadian Institute for Health Information, falls are the number one cause of injuries leading to hospitalization in Canada.