Tanaka v. London Drugs Limited: Store Not Liable for Customer-on-Customer Assault

August 25, 2019

Categories: All Blogs

Tagged with: personal injury

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 →

Preszler Law Wins Jury Trial against ICBC

July 25, 2019

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Tagged with: ICBC, motorcycle accident

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 →

The Basics of a Airplane Accident Personal Injury Claim

June 13, 2019

Categories: All Blogs, Personal Injury

Tagged with: airplane accident

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 →

British Columbia Seatbelt Laws: What you Need to Know

March 27, 2019

Categories: All Blogs, Car Accident, Motor Vehicle Accident, Personal Injury, Truck Accident

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 →

I’ve Been Bitten by a Dog in British Columbia: What do I do?

March 27, 2019

Categories: All Blogs, Dog Bites, Personal Injury

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? →

Navigating the Legal Implications of British Columbia Cross-Border Accidents

March 27, 2019

Categories: All Blogs, Personal Injury

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 →

Is Loss of Housekeeping Capacity Something that Injured Parties Can Be Compensated for in British Columbia?

March 27, 2019

Categories: All Blogs, Personal Injury

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? →

Airbnb and Premises Liability: What you Need to Know

March 27, 2019

Categories: All Blogs, Premises Liability

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 →

Rickett v. Sangra: Burnaby Judge Awards $355,000 to Man Injured in 2015 Car Accident

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

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 →

Proving a Traumatic Brain Injury in a Pedestrian Accident Case

March 20, 2019

Categories: All Blogs, Pedestrian Accident, Personal Injury

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 →

How is ICBC Repayment Handled?

March 20, 2019

Categories: All Blogs, Case Study, ICBC Claims, Personal Injury

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? →

Do You Need to Get a Police Report After a Car Accident?

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Motor Vehicle Accident, Personal Injury

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? →

Proving Loss of Future Earning Capacity While in School

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

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 →

Quantifying the Psychological and Career Damages Caused by a B.C. Auto Accident

March 20, 2019

Categories: All Blogs, Car Accident, Motor Vehicle Accident

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 →

The Importance of Witness Credibility in B.C. Car Accident Cases

March 20, 2019

Categories: All Blogs, Car Accident, Case Study

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 →

When is a Highway Not a Highway?

March 18, 2019

Categories: All Blogs, Case Study, ICBC Claims, Pedestrian Accident, Personal Injury

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? →

Who is Responsible for an Ambulance Accident?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study, Motor Vehicle Accident, Personal Injury

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? →

Do I Need a Lawyer for a Personal Injury Case in British Columbia?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

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? →

Is the Motorist Always Responsible for Pedestrian Accidents in B.C.?

March 18, 2019

Categories: All Blogs, Case Study, Pedestrian Accident, Personal Injury

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 is ICBC Liable for an Unsatisfactory Repair Job?

March 18, 2019

Categories: All Blogs, Case Study, ICBC Claims, Truck Accident

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? →

B.C. Judge Awards Damages to Man Injured in Burnaby Starbucks Fight

March 18, 2019

Categories: All Blogs, Case Study, Personal Injury

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 →

Can a B.C. Accident Victim Claim the Cost of Medical Cannabis as Damages?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study

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? →

B.C. Court of Appeal Upholds $4.8 Million Volvo Personal Injury Award

March 18, 2019

Categories: All Blogs, Case Study, Personal Injury, Truck Accident

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 →

Can ICBC Record My Daily Activities to Undermine My Personal Injury Claim?

November 16, 2018

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Tagged with: car accidents, ICBC Injury, injury lawyer, personal injury claim

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

Can You Prove a Car Accident Caused You to Lose Your Business?

November 09, 2018

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Tagged with: car accidents, case study, injury lawyer, personal injury claim

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

Loss of Past and Future Income: What Do B.C. Judges Look For?

November 02, 2018

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Tagged with: car accidents, case study, damages, injury lawyer, personal injury claim

An auto accident can significantly harm your long-term employment prospects. Whether you are currently employed or looking for work when your accident

Will I Have to Pay More for Car Insurance After a B.C. Auto Accident?

October 31, 2018

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Tagged with: car accidents, ICBC Injury, injury lawyer

In the aftermath of a motor vehicle accident in British Columbia, the individuals involved inevitably confront a series of questions: Was anyone injur

ICBC Part 7 Benefits: What You Need to Know

October 26, 2018

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Tagged with: car accidents, ICBC Injury, injury lawyer

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

Double Costs Following a Cost Assessment Hearing!

October 24, 2018

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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

Case Study: B.C. Court Reverses Award for Loss of Earning Capacity

October 13, 2018

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Tagged with: car accidents, case study, damages, injury lawyer, personal injury claim

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

Do I Need Expert Testimony to Prove I Suffered Emotional Injuries in a Car Accident?

October 06, 2018

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Tagged with: car accidents, case study, chronic pain, ICBC Injury, injury lawyer, personal injury claim

A motor vehicle accident can leave you with permanent physical, mental, and emotional injuries. This can affect every aspect of your daily life going

Almira Esmail Recognized by FACEBC

October 04, 2018

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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

Damages in British Columbia Tort Claims: What You Need to Know

September 28, 2018

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Tagged with: car accidents, damages, injury lawyer, personal injury claim

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

Choosing the Best Car Seat for Your Child in British Columbia

September 27, 2018

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Tagged with: car accidents, car safety, motorists

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

Case Study: Failing to Yield at an Intersection Proves Costly for Burnaby Driver

September 23, 2018

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Tagged with: car accidents, case study, injury lawyer, motorists, personal injury claim

Many, if not most, motor vehicle accidents are the result of simple carelessness. Drivers must always pay attention to traffic and other road conditio

ICBC Auto Repairs: The Tips and Tricks You Need to Know

September 19, 2018

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Tagged with: car accidents, ICBC Injury, motorists, truck accidents

Motor vehicle accidents remain far too common in British Columbia. According to the most recent data published by the Insurance Corporation of British

Is a Distracted Driver Always Responsible for a Car Accident?

September 16, 2018

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Tagged with: car accidents, case study, injury lawyer, motorists, personal injury claim

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

Proving a Car Accident Actually Caused the Victim’s Injuries

September 09, 2018

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Tagged with: car accidents, case study, injury lawyer, motorists, personal injury claim

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

Can I Seek Damages for PTSD Following a Car Accident?

September 02, 2018

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Tagged with: car accidents, case study, injury lawyer, personal injury claim

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

Is a Senior Centre Liable for an Elderly Person’s Trip and Fall Accident?

August 15, 2018

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Tagged with: ICBC Injury, personal injury claim, trip and fall

How Do B.C. Courts Assess Damages for Chronic Pain Victims?

August 15, 2018

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Tagged with: car accidents, chronic pain, injury lawyer, personal injury claim

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

How Can a Negligent Defendant Shift Blame to Me for a Car Accident?

August 14, 2018

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Tagged with: car accidents, injury lawyer, motorists, personal injury claim

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

How can a Car Accident Affect My Ability to Earn a Living?

August 14, 2018

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Tagged with: car accidents, injury lawyer, motorists, personal injury claim

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

Is a Commercial Trucking Accident Always the Fault of the Tractor-Trailer Driver?

July 04, 2018

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Tagged with: injury lawyer, motorists, personal injury claim, truck accidents

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

What Happens If ICBC Accuses Me of Filing a False Insurance Claim?

July 04, 2018

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Tagged with: ICBC Injury, injury lawyer, personal injury claim

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

How Do Previous Accidents Factor Into My Personal Injury Claim?

July 04, 2018

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Tagged with: car accidents, injury lawyer, motorists, personal injury claim

In assessing damages following a car accident, a British Columbia judge will carefully scrutinize the victim’s pre-accident medical condition, includi

Preszler Law Featured on CTV Vancouver “Ask An Expert” Changes to ICBC Claims – Be Scared!

June 28, 2018

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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 Featured on CTV Vancouver “Ask An Expert” The Importance of Insurance

June 28, 2018

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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

How do B.C. Courts Resolve a “She Said/She Said” Accident Dispute?

June 27, 2018

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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

The Three Types of ICBC Claims

June 14, 2018

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Last updated Sep. 1, 2018. The Insurance Corporation of British Columbia (ICBC) is the province’s mandatory auto insurer. Every driver in the pro

What is an Inevitable Accident?

June 14, 2018

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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

Ten Mistakes People Make With ICBC Claims

June 14, 2018

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Tagged with: car accidents, ICBC Injury, injury lawyer, personal injury claim

Each year, British Columbia’s compulsory auto insurer, ICBC, processes around 900,000 insurance claims. In 2016, the average settlement for minor in

Sorting Out Liability for a BC Car Accident

June 04, 2018

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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

The hazards of walking and talking on your cell phone and how to prevent pedestrian accidents

May 28, 2018

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Distracted driving is an issue making headlines throughout British Columbia in recent months as cell phone use while driving has become increasingly

Can I Seek Damages if a Car Accident Destroys My Business?

May 18, 2018

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Many British Columbia residents work for themselves. This can have significant advantages, but there is also one big disadvantage: if you are seriously.

What is a Child’s Liability for Causing an Accident?

May 11, 2018

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The majority of personal injury cases involve the actions of adults. There are some situations, such as bicycle accidents, in which the negligent part

Ignoring Medical Advice can Prove Costly in B.C. Personal Injury Litigation

May 11, 2018

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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

Can a BC Car Accident Lead to Early-Onset Dementia?

May 11, 2018

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A traumatic brain injury is often dismissed as nothing more than “getting knocked out for a few seconds.” Indeed, the popular tendency to describe

Am I Entitled to Compensation for the Risk of Future Surgery Following a Car Accident?

May 10, 2018

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Tagged with: car accidents, case study, damages, injury lawyer, motorists, personal injury claim

The effects of a car accident can stay with a victim for the rest of his or her life. Naturally, that includes

What You Need to Know Before You Contact ICBC

May 01, 2018

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Tagged with: car accidents, ICBC Injury, personal injury claim

Car accidents occur every day in British Columbia. Many result in little more than minor property damage that is easily

Preszler’s Sponsorship of FACEBC

March 30, 2018

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Preszler Law is happy to announce their Visionary Sponsorship of a new women’s organization, Feminist Association for Collaborative Education

How Not Seeking Medical Treatment After a Car Accident Can Cost You in Court

March 30, 2018

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Tagged with: car accidents, chronic pain, injury lawyer, personal injury claim

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 Featured on CTV Vancouver “Ask An Expert” Wintertime Liabilities

March 22, 2018

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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

From the plaintiff’s perspective, what happens throughout a slip and fall claims process?

March 08, 2018

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Tagged with: injury lawyer, personal injury claim, slip and fall

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

Preszler Law on CTV Morning Live – Slip and Fall Accidents

March 08, 2018

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Tagged with: personal injury claim, slip and fall

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

How Does the Law Protect British Columbia Pedestrians?

March 08, 2018

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Tagged with: cyclists, injury lawyer, motorists, pedestrians

On average, around 1,600 bicyclists and 2,600 pedestrians are injured in automobile accidents in British Columbia every year. Such accidents are among

Can I Still Make an ICBC Injury Claim if the Other Driver Does Not Have Insurance?

March 08, 2018

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Tagged with: ICBC Injury, personal injury claim

British Columbia law requires that every driver in the province carry auto insurance provided by the Insurance Corporation of British Columbia

Preszler Law Featured on CTV Vancouver “Ask An Expert” Waivers

March 08, 2018

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Do you know your rights before signing a waiver? Seth Wheeldon from Preszler Law spoke with CTV News Vancouver about waivers, safety and liabilities.

Five Common Winter Sports Injuries in British Columbia

March 08, 2018

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Tagged with: personal injury claim, slip and fall

Winter provides a great opportunity across Canada to enjoy skiing, snowboarding, ice skating, snowshoeing, snowmobiling, hockey, and other winter

Five Benefits of Hiring an ICBC Lawyer

March 08, 2018

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Tagged with: car accidents, ICBC Injury, injury lawyer, motorists, personal injury claim

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

An Introduction to Long-Term Disability Denials

March 08, 2018

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In British Columbia, long-term disability (LTD) insurance policies are commonly provided as a part of employment benefit packages.

British Columbia Slip and Fall Basics

March 08, 2018

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Tagged with: injury lawyer, personal injury claim, slip and fall

According to the Canadian Institute for Health Information, falls are the number one cause of injuries leading to hospitalization in Canada.