Preszler Injury Lawyers
Preszler Injury Lawyers

Frequently Asked Questions

No one anticipates needing a personal injury lawyer. To most people, the legal system can be confusing, overwhelming, and even frightening. At Preszler Injury Lawyers, we are committed to providing straightforward, uncomplicated, and personalized legal advice to all prospective clients.

We know you have questions and are happy to provide you with answers. To learn more, read below:

    Compensation may include funeral expenses, loss of financial support, loss of companionship, and more. The damages applicable in each case will be assessed individually.

    Spouses, children, and sometimes other immediate family members of the deceased may be eligible. A wrongful death claim is usually brought under the Family Compensation Act.

    A wrongful death claim arises when someone dies due to another person’s negligence. Surviving family members may seek compensation for their losses.

    You may recover compensation for medical bills, lost wages, pain and suffering, long-term care needs, and more. Because truck accidents often result in serious injuries, recoverable damages available may be higher.

    Liability may be imposed on the truck driver, their employer, the company responsible for vehicle maintenance, or the manufacturer. A truck accident lawyer can help you identify all responsible parties.

    Trucks are larger and cause more severe injuries. Multiple parties, including drivers, trucking companies, and insurers, may be involved.

    Yes. Even concussions can have long-lasting effects on work and daily life. If negligence caused your injury, you may be entitled to compensation.

    Medical imaging, neuropsychological testing, and expert testimony are often used to prove that a TBI has taken place. Detailed medical records are crucial to linking the injury to the accident.

    A TBI occurs when a sudden blow or jolt disrupts normal brain function. Symptoms can range from headaches and memory loss to permanent cognitive impairment.

    Spinal cord injury claims are often highly complex and may involve long-term care needs. A lawyer will ensure that you pursue the full compensation required for lifelong support.

    Compensation may cover medical expenses, home modifications, lost income, pain and suffering, and more. Because these injuries are often severe, recoverable damages can be significant.

    Common causes of spinal cord injuries include car crashes, falls, sports accidents, and workplace incidents. These injuries can lead to partial or complete paralysis.

    Yes. Property owners must still take reasonable steps to clear snow, ice, or water. Failure to do so could make them liable for your injuries.

    You generally have two years from the date the accident occurred to file a claim. This timeline may vary if your fall occurred on public or municipal property. Acting quickly helps preserve evidence and strengthens your case.

    You should seek medical attention immediately, report the incident to the property owner, and take pictures and videos of the scene (if possible). These steps will help support your slip and fall claim later.

    Yes. You must show that the occupier (property owner) failed to take reasonable care to prevent hazards. Evidence like incident reports, video footage, or maintenance records can help you prove fault.

    Property owners and occupiers have a duty to keep their premises safe for visitors. If you’re injured because of unsafe conditions, you may be eligible to file a claim under the BC Occupiers’ Liability Act.

    You may recover medical expenses, lost income, pain and suffering, rehabilitation costs, and more. The goal of a pedestrian accident claim is to help you return as much as possible to your pre-accident state.

    Yes, but your compensation for your injuries may be reduced if you were partly at fault. The amount will depend on how much your actions contributed to the accident.

    Pedestrians generally have strong protections under BC law. If a driver strikes you, they will generally need to prove that they were not negligent.

    Yes, but your compensation may be reduced if your failure to wear proper gear contributed to your injuries. This is because courts may apply the principle of contributory negligence to your case.

    Motorcyclists are often more exposed and suffer serious injuries as a result when they crash. This can affect eligible compensation amounts. Prevalent bias against motorcycle riders can also make insurance claims more difficult.

    Generally, you must file a claim within two years of discovering the injury. However, exceptions may apply, so early legal advice is critical.

    In some cases, yes. Medical malpractice claims often require expert medical testimony to show that negligence directly caused the injury in question. A medical malpractice lawyer can help build a strong case against the negligent party.

    Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm. This might include surgical mistakes, misdiagnosis, or errors with medication.

    LTD benefits may continue until you recover, for a period set in your policy (typically 2-5 years), or until you reach retirement age. The exact length will depend on your insurance contract.

    You can appeal the denial or take legal action against your insurer. A long-term disability lawyer can help you gather medical evidence and advocate for your entitlement to benefits.

    Common reasons for denied LTD claims include lack of medical evidence, missed deadlines, or disputes about whether you meet your insurer’s definition of “totally disabled”. Insurers often use strict definitions to try to deny coverage.

    Yes. In addition to medical expenses, you may be compensated for psychological harm such as anxiety, PTSD, or lasting fear of dogs.

    Seek medical care immediately, document your injuries, and report the bite to your local animal control centre. Contact a lawyer quickly will ensure you understand and fully explore your legal options.

    In BC, dog owners are typically held liable for injuries caused by their pets. If the dog has a history of aggression that has been documented, liability may be easier to prove.

    Yes. Keeping the defective product is critical to proving your claim. It allows experts to examine it and demonstrate how the defect caused your injury.

    Manufacturers, distributors, and sometimes retailers may be held liable. The responsible party will depend on where the defect occurred in the supply chain.

    A product may be defective if it was wrongly manufactured, designed, or lacked adequate safety warnings. If the defect causes you injury, you may have grounds to file a legal claim.

    Unlike visible physical injuries, chronic pain can be harder to prove because of its internal nature. Insurance companies may dispute its severity, existence, or link to the accident. Strong medical evidence and expert opinions are usually needed to support a chronic pain claim.

    Compensation for chronic pain will depend on the severity of your pain and its impact on your daily life and work. Courts will look at medical reports, treatment history, and how your condition affects your ability to earn income.

    Yes. If your chronic pain results from someone else’s negligence, you may be entitled to compensation. These claims can be complex since chronic pain is often invisible, so medical documentation is crucial.

    In most cases, you have two years from the date of discovery to start a claim. This is the date on which you discovered or reasonably should have discovered that an injury had occurred. However, for children, the limitation period is paused until they turn 19 (the age of majority). It’s best to consult a lawyer as soon as possible to preserve evidence.

    Medical professionals such as doctors, nurses, and hospitals may be liable if their negligence caused the injury. Liability depends on whether the standard of care was breached. An experienced lawyer can investigate medical records and other evidence to determine responsibility.

    A birth injury occurs when a baby or mother suffers harm during pregnancy, labour, or delivery due to medical negligence. Common examples include oxygen deprivation, brain injuries, or delayed C-sections. These injuries can have lifelong consequences, which is why compensation is available to claimants.

    In BC, helmets are legally required for all bicycle riders to wear. Not wearing a helmet could reduce the amount of compensation you receive. However, it does not automatically bar you from filing a claim. Your lawyer can help you examine whether another party’s negligence caused the accident and help you seek compensation.

    After a bicycle accident, your number one priority should be seeking medical attention. Document the scene, collect witness information, and report the incident to ICBC. Speaking with a lawyer early on can help you protect your right to compensation.

    If a member of your immediate family was the victim of sexual abuse and lost their life as a result, you may be entitled to pursue a claim against the perpetrator. To learn more, schedule a free initial consultation with our sexual abuse lawyers.

    We seek compensation for the pain and suffering caused by the assault. This includes impacts on physical and mental health, sleep, ability to relate to people and have relationships in a healthy way, and all other ways that our clients’ lives have been negatively impacted.

    We seek compensation for all lost income. Sexual assault almost always impacts someone’s ability to work in some way. Some survivors may find it impossible to work at all. Some may be unable to pursue job promotions, experience a loss of confidence in the workplace, or have trouble finishing school, college, vocational training, etc. For clients who were abused as children, we often look at all the income they have earned throughout their lives and compare it to what they would have earned if the assault had never happened. This can be a very large number.

    We can seek compensation for all past out-of-pocket expenses, such as expenses for treatment. We seek compensation for any future treatment needs, such as counselling, housekeeping, and medication. When appropriate, we can also seek punitive damages against the institution for allowing the assault to take place, not reporting the assault, or taking steps to hide that the assault took place.

    There is no limitation. A claim may be started anytime.

    A criminal trial focuses on proving that the defendant was guilty of sexual assault. If so, they may be punished through the criminal justice system. The Crown prosecutor retains full control of the entire proceeding.

    A civil sexual assault case involves negotiating fair compensation for survivors. We generally also seek written letters of apology from the institution. We want our clients to be in control of the process with our guidance.

    Yes, you can start a civil claim if charges have been laid, if the defendant was already found guilty, and even if the defendant was found not guilty in a criminal trial.

    Our firm takes on civil sexual assault claims (lawsuits seeking monetary compensation).

    A criminal proceeding is initiated by the police and Crown prosecutors. The survivor has little control over the process and does not get fulsome one-on-one legal support. The standard of proof is “beyond a reasonable doubt,” which can be a difficult standard to prove.

    A civil claim is initiated by the survivor themself. They retain control over the proceeding. They get one-on-one legal support from one of our lawyers who will answer all questions and give guidance on the best steps to take along the way.

    A civil claim has a less difficult legal test. The survivor does not need to prove the assault happened “beyond a reasonable doubt,” and instead only needs to prove it likely happened, which is a much easier standard to meet. Put simply, it is much easier to win a civil sexual assault case compared to a criminal case. Even if the criminal trial is not successful, the survivor can still pursue and win a civil sexual assault claim. Civil sexual assault claims also usually settle outside of court without a trial, which is less common in the criminal context.

    Each case is unique. Some cases settle in a matter of months while others take years to reach a fair settlement.

    The law recognizes that institutions are usually responsible for the bad conduct of their volunteers or employees. This is called “vicarious liability”.

    Most institutions also have insurance to compensate survivors of sexual assault. If the assault happened in connection with an institution (such as a church, school, company, Boy/Girl Scouts troop, or other organization), then it does not matter if the person who assaulted our client has any assets. We might be able to seek compensation from the institution itself or their insurance policy.

    The short answer is maybe. We can apply to the court to ask for your name to be kept anonymous in court documents. In many cases, we can also settle the claim confidentially without starting a lawsuit.

    We tell all clients that they will only be asked to tell the story when they are ready to do so; there is no rush. We do not even need to know the full details of our clients’ stories before we take on their claim. We only need to know if there was sexual touching of some nature.

    Our clients will, generally, need to tell their story at least once before the claim settles. The insurance company will need to understand what happened in order to know how much compensation is fair. We work with clients to ensure they are ready and comfortable to tell their story beforehand.

    If a settlement negotiation cannot be reached during Mediation, you, the defendant or defendants, and your respective lawyers will be required to attend a pre-trial before a judge, during which the judge will act as a quasi-mediator in order to help facilitate settlement.

    If the case proceeds to trial, evidence will be presented before a judge or jury. You will most likely be required to share your story on the witness stand and will be subject to cross-examination from the accused’s or institution’s legal representation. Witnesses, various experts on damages, and others may be called upon to present evidence and face cross-examination.

    Once the evidence has been presented and lawyers for both sides have presented their arguments, the judge or jury will determine the case’s outcome as well as the amount of damages the defendant may be required to pay you.

    No. In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.

    The only time a survivor might see the defendant in person is at trial. It is very rare for a civil sexual assault case to go to trial. If it does, our clients have the option to settle without attending the trial.

    It is never too late to report or seek compensation for a sexual assault. There is no statute of limitations for a sexual assault lawsuit. For example, we are often retained by people in their 60s, 70s, and even 80s who were assaulted as children.

    The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.

    In our experience, it is very common for survivors of sexual assault to not report their assault to the police, especially if the assault happened when they were a child. We routinely take on cases where our clients have never reported their assault to the police.

    The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.

    To support our client’s case, we also do research into the relevant institution and defendant to find out if there are other survivors who have come forward with similar stories. Usually, there are. We also work with doctors when appropriate to help explain how the assault impacted our client’s life, which further supports and explains our client’s case.

    No survivor of sexual assault should worry about not having enough evidence to come forward. Our firm is experienced in proving and settling sexual assault claims even when the assault happened many decades ago and all potential documents have been long destroyed.

    It is rare for a case to go to trial. The vast majority of cases settle out of court.

    Sometimes, in order to get you the compensation you deserve, we will recommend going to trial. We will only recommend going to trial when we believe we can win your case.

    Trials are complicated procedures. They often involve court application on what evidence is and is not admissible. Even for evidence that is admissible, there are better and worse ways to present it to the court. Personal injury lawyers know proper court room procedure and how to persuasively present evidence in court; they handle the entire trial for you.

    A trial is an opportunity to tell your story. The court will hear evidence on how your accident happened and how your injuries have affected your life. Your lawyer will spend a lot of time preparing you and other witnesses to give truthful, clear evidence in court. It is our job to make you feel comfortable with the process and remove any surprises.

    Preszler Law BC’s lawyers prepare meticulously for trial. We appreciate that little details matter. We gather all of the available evidence about your injuries. We do careful, thorough legal research and witness interviews. We hire some of BC’s best medical experts to explain what injuries you’ve suffered, how they affect your work and personal life now and in the future, and what treatment you need.

    Before trial, each party will have many opportunities to consider their case and make decisions on whether to settle out of court.

    People who are injured by someone else’s wrongdoing are generally entitled to compensation. The purpose of compensation is to put the injured person back to the same position they were in before being injured.

    In order to determine how much compensation someone is owed, personal injury lawyers consider the following questions:

    • What are your injuries?
    • How severe are your injuries?
    • How long will your injuries last? How they will affect you in the long-term?
    • How much do your injuries affect your work and personal life?
    • How much income will you lose over your entire lifetime due to your injuries?
    • Are you less competitive in the market place due to your injuries?
    • How much have your injuries affected your housekeeping chores?
    • What treatment will you need now and in the future?
    • What out-of-pocket expenses do you have related to your injuries?
    • How does the law value your injuries and losses?
    • Who is at fault for the accident?

    People injured by someone else’s wrongdoing are usually entitled to damages for pain and suffering. Lawyers calculate pain and suffering damages by looking at what judges have awarded people with similar injuries. The more severe the injury is, the higher the award. The more the injuries have affected your life, the higher the award. The longer you experience symptoms, the higher the award. The maximum award in Canada for pain and suffering damages is in the range of $360,000.

    People who are not able to do their household chores are able to recover compensation for their loss of housekeeping capacity over their lifetime, even if a family member has taken on the tasks for them. You are generally awarded fair market value for each hour of housekeeping that your injury prevents you from doing.

    People who have lost income as a result of their injuries or will lose income as a result of their injuries are entitled to have it replaced. If your injuries make you less valuable as a worker (for example, you cannot do heavier tasks or work longer hours), then you are likely entitled to compensation for loss of income earning capacity. Loss of income awards should take into account all money that someone will lose as a result of their injuries over their entire working career.

    Injured people are entitled to be compensated for the cost of the treatment or rehabilitation expenses they need for the rest of their lives. You may need physiotherapy, massage therapy or counseling in the future. You may need help cleaning your home or doing your yard chores. You may need re-training at work. You may have to spend money on painkillers or other medications. All of these amounts should be recoverable.

    If you were partially at fault for your accident, then your damages will be accordingly reduced. For example, if you were 50% at fault for an accident, then your damages will be reduced by 50%.

    In order to know if you have been offered a fair settlement, you need to know:

    • Who caused your accident, legally speaking;
    • What your injuries are;
    • How long your injuries will last and how they will affect you long-term;
    • How much your injuries will affect your work and personal life;
    • How much income you will lose over your lifetime due to your injuries;
    • What treatment you need now and in the future; and,
    • How the law values your injuries.

    If you cannot confidently answer each of the above questions, then you may be settling your claim for an unfairly low amount.

    Determining the value of your case can be complicated, requiring a careful analysis of your medical records, employment records, the circumstances of your accident, and the law. You may need multiple expert opinions from doctors and other professionals to know the full extent of your injuries and losses.

    The best way to know if an insurance company has offered you a fair settlement is to contact a personal injury lawyer. Preszler Law BC offers free case evaluations by telephone, online or in person.

    Yes, if ICBC does not pay for your treatment, your income loss, or other benefits, then you can start a lawsuit asking for fair treatment under the law.

    If ICBC has treated you unfairly, then you may also be able to sue them for “bad faith” or punitive damages.

    It is best to consult a lawyer before starting a lawsuit against ICBC. The lawyer can explain your rights and may be able to settle your dispute out of court.

    In order to know if you have been offered a fair settlement, you need to know:

    • who caused your accident, legally speaking;
    • what your injuries are;
    • how long your injuries will last and how they will affect you long-term;
    • how much your injuries will affect your work and personal life;
    • how much income you will lose over your lifetime due to your injuries;
    • what treatment you need now and in the future; and,
    • how the law values your injuries.

    If you cannot confidently answer each of the above questions, then you may be settling your claim for an unfairly low amount.

    Determining the value of your case can be complicated, requiring a careful analysis of your medical records, employment records, the circumstances of your accident, and the law. In many cases, you may need multiple expert opinions from doctors and other professionals to know the full extent of your injuries and losses.

    The best way to know if ICBC has offered you a fair settlement is to contact a personal injury lawyer. Preszler Law BC offers free case evaluations by telephone, online or in person.

    If ICBC determines that you caused the accident, then your insurance will pay to fix your vehicle. You will likely need to pay a deductible and your insurance premiums may be increased.

    If ICBC determines that the accident was not your fault, then the other driver’s insurance should pay to fix your vehicle. You will not need to pay a deductible and your premiums will likely not be affected.

    If you disagree with ICBC’s determination of who caused the accident, then you can dispute the decision. It is best to speak with a lawyer about your options.

    If ICBC is not paying you fair value for your vehicle, then you can file for an arbitration hearing. Speak to a lawyer to learn more.

    If you have been injured in a motor vehicle accident, then ICBC should be paying for the treatment you reasonably need to recover from your injuries.

    ICBC commonly pays for physiotherapy, massage therapy and chiropractic care to help treat your pain. If you need to attend the gym, then ICBC should pay for your gym pass. If you have driving anxiety, depression, anxiety or post-traumatic stress disorder, then ICBC should pay for your counseling. Talk to a Preszler Law BC lawyer to find out if ICBC should be paying for your treatment.

    Yes, brain injuries and concussions can cause serious, long-term consequences. People who have suffered brain injuries or concussions can be entitled to substantial settlements due to the severity of their injury.

    Lawsuits involving brain injuries often involve complicated medical and legal issues that should be handled by experienced lawyers. Making a mistake on your case could negatively affect your ability to recover fair compensation.

    Severe and moderate brain injuries generally occur when someone suffers a strong blow to the head and loses consciousness for more than twenty minutes.

    Brain injuries do not only occur when someone has been hit on the head. The force of rapidly moving your head back and forth in a rear-end car accident, for example, can cause the brain to hit the inside of the skull and suffer an injury.

    Not everyone who suffers a concussion or brain injury is knocked unconscious. Some people merely suffer an altered state of awareness — like feeling dizzy, dazed or confused.

    Common symptoms of a brain injury or concussion include:

    • Headaches
    • Memory problems
    • Trouble concentrating or focusing
    • Dizziness
    • Ringing in the ears
    • Anxiety or depression
    • Personality changes and impulsivity
    • Trouble with speech or word finding
    • Irritability or a quick temper
    • Trouble sleeping
    • Fatigue
    • Problems with hearing, taste, smell or eye sight

    Anyone who believes they may have suffered a brain injury or concussion should see a doctor immediately. Always err on the side of caution.

    In severe cases, spinal cord injuries may be treated with surgery and, initially, back or neck immobilizers. Surgery is followed by extensive rehabilitation to increase your range of movement and strength. Speak to your doctor about the best treatments.

    For whiplash and related injuries, it is important to visit your doctor to report your injuries. Err on the side of caution; your injury may be more serious than you think, especially if you have numbness, tingling or pain radiating into your arms or legs. ICBC may also argue that the fact you did not attend the doctor soon after the accident is evidence that you were not injured.

    Doctors generally recommend that you ice your neck or back soon after a whiplash injury to help reduce the swelling. Take painkillers or anti-inflammatory medication when recommended.

    After your initial visit, your doctor will generally refer you to physiotherapy, massage or chiropractic care. Initially, your therapists will work on relaxing your tense muscles and getting full range of movement back. Eventually, your therapists will focus on strengthening your neck and back through stretches and exercises. It is important to follow the routines carefully and as directed by your health professionals.

    For people who go on to develop chronic pain, they may need special treatment by a multi-disciplinary team of health professionals who specialize in treating pain. If you are not recovering after 12 months of pain, it is important to talk to your doctor about treatment options.

    In all cases of whiplash or spinal cord injuries, it is important to stay in contact with your family doctor. Your family doctor is the quarterback of your treatment team. They coordinate your treatment and refer you to the appropriate specialists.

    If you were injured in a motor vehicle accident, then ICBC should be paying for most or all of your treatment. Talk to a Preszler Law BC lawyer to learn more about what treatments ICBC should be covering.

    The general symptoms of whiplash are:

    • Pain, decreased range of motion, tenderness, and/or tightness in the neck or back. The muscles may feel hard or knotted.
    • Pain when moving your head side to side.
    • Headaches

    In more severe cases, people can suffer weakness, numbness, tingling or other neurological symptoms.

    Some people feel whiplash symptoms immediately. Others do not feel them until hours or days after an accident.

    In British Columbia, the Family Compensation Act allows spouses, parents or children of a deceased person to recover the loss of financial support and income caused by a wrongful death.

    If a loved one is killed in a motor vehicle accident, then ICBC should be paying for funeral and death benefits.

    Cyclists hit by motor vehicles are able to make ICBC claims.

    ICBC should pay for the treatment you reasonably need to recover from your injuries. ICBC commonly pays for physiotherapy, medication, massage therapy and chiropractic care to help treat your injuries. If you need to attend the gym, then ICBC should pay for your gym pass. If you have driving anxiety, depression, anxiety or post-traumatic stress disorder, then ICBC should pay for your counseling.

    You are also likely entitled to make a claim against the driver who caused your accident. You may recover damages for pain and suffering, out of pocket expenses, treatment expenses, loss of income, housekeeping expenses and more.

    Call today to receive a free case evaluation with one of our experienced lawyers.

    Generally, no. People driving motorcycles are subject to the same laws as people driving cars other than the fact that motorcyclists should wear helmets and protective gear.

    In cases where both parties deny fault for the accident, it will be necessary to reconstruct how the accident happened. In these cases, it can be important to hire a lawyer who is familiar with the safety rules specific to motorcycles, such as the different lane positions, and how motorcycles react when involved in an accident, such as their tendency to accelerate and produce a falsely high speedometer reading.

    ICBC may try to offer you a low settlement before you have retained a lawyer and know your rights. Before accepting any settlement, it is important to speak with a personal injury lawyer. Even if you do not retain a lawyer, an initial free consultation can provide you with important legal information to help you make informed decisions about your settlement.

    You should consider retaining a personal injury lawyer before settling your claim. In nearly all cases, personal injury lawyers are able to recover more money than you can on your own, even after the fees are deducted.

    If you have a claim, then you can likely afford to hire Preszler Law BC. We work on a contingency fee basis. We take on the expenses of your lawsuit for you until you receive your settlement. We do not ask for any money up front. Our fee is a percentage of the money we recover for you. We do not charge a fee unless we recover money for you.

    In nearly all cases, personal injury lawyers are able to recover more money than you can on your own, even after the fees are deducted.

    Our accident lawyers know the law. They will teach you about your rights and advise you how much your claim is worth. We handle all aspects of the lawsuit for you so that you can focus on your recovery.

    If you do not know your rights or what your claim is worth, then you may settle for a low or unfair amount. ICBC wants to lower your settlement as much as possible. ICBC is a business seeking to maximize its profits.

    ICBC will hire a lawyer to defend its interests. This lawyer does not represent you and will actively seek to harm your case. A personal injury lawyer works to even the power balance between you and ICBC.

    ICBC or ICBC’s lawyer will take notes of everything you say. It is important to know your rights so that you do not say or do something that will hurt your case. Once retained, Preszler Law BC will deal with ICBC and their lawyer for you.

    Personal injury lawyers will help coordinate your treatment and rehabilitation. We know the best doctors, physiotherapists and health professionals. Getting the best treatment increases the chances of getting back to work and your regular life.

    ICBC should pay for all or most of your treatment and up to $300 each week in income replacement if you are not able to return to work. Preszler Law BC works to ensure that ICBC pays for your treatment expenses (physiotherapy, chiropractic care, massage therapy, occupational therapy, etc.) and pays your weekly income replacement benefit.

    No, personal injury lawyers teach you about your rights, advise you how much money your claim is worth, and, work to ensure that you are legally protected.

    Preszler Law BC’s lawyers work on a contingency fee basis, which means that we take on the costs of your lawsuit for you until the settlement or judgment; we do not ask for any money up front; and, there is no fee unless we recover money for you.

    Personal injury lawyers are nearly always able to increase the amount of money you receive for your settlement, even after the fees are deducted.

    It is rare for a case to go to trial. The vast majority of cases settle out of court.

    Sometimes, in order to get you the compensation you deserve, we will recommend going to trial. We will only recommend going to trial when we believe we can win your case.

    Trials are complicated procedures. They often involve court application on what evidence is and is not admissible. Even for evidence that is admissible, there are better and worse ways to present it to the court. Personal injury lawyers know proper court room procedure and how to persuasively present evidence in court; they handle the entire trial for you.

    A trial is an opportunity to tell your story. The court will hear evidence on how your accident happened and how your injuries have affected your life. Your lawyer will spend a lot of time preparing you and other witnesses to give truthful, clear evidence in court. It is our job to make you feel comfortable with the process and remove any surprises.

    Preszler Law BC’s lawyers prepare meticulously for trial. We appreciate that little details matter. We gather all of the available evidence about your injuries. We do careful, thorough legal research and witness interviews. We hire some of BC’s best medical experts to explain what injuries you’ve suffered, how they affect your work and personal life now and in the future, and what treatment you need.

    Before trial, each party will have many opportunities to consider their case and make decisions on whether to settle out of court.

    Yes, brain injuries and concussions can cause serious, long-term consequences. People who have suffered brain injuries or concussions can be entitled to substantial settlements due to the severity of their injury.

    Lawsuits involving brain injuries often involve complicated medical and legal issues that should be handled by experienced lawyers. Making a mistake on your case could negatively affect your ability to recover fair compensation.

    Severe and moderate brain injuries generally occur when someone suffers a strong blow to the head and loses consciousness for more than twenty minutes.

    Brain injuries do not only occur when someone has been hit on the head. The force of rapidly moving your head back and forth in a rear-end car accident, for example, can cause the brain to hit the inside of the skull and suffer an injury.

    Not everyone who suffers a concussion or brain injury is knocked unconscious. Some people merely suffer an altered state of awareness — like feeling dizzy, dazed or confused.

    Common symptoms of a brain injury or concussion include:

    • Headaches
    • Memory problems
    • Trouble concentrating or focusing
    • Dizziness
    • Ringing in the ears
    • Anxiety or depression
    • Personality changes and impulsivity
    • Trouble with speech or word finding
    • Irritability or a quick temper
    • Trouble sleeping
    • Fatigue
    • Problems with hearing, taste, smell or eye sight

    Anyone who believes they may have suffered a brain injury or concussion should see a doctor immediately. Always err on the side of caution.

    People who are injured by someone else’s wrongdoing are generally entitled to compensation. The purpose of compensation is to put the injured person back to the same position they were in before being injured.

    In order to determine how much compensation someone is owed, personal injury lawyers consider the following questions:

    • What are your injuries?
    • How severe are your injuries?
    • How long will your injuries last? How they will affect you in the long-term?
    • How much do your injuries affect your work and personal life?
    • How much income will you lose over your entire lifetime due to your injuries?
    • Are you less competitive in the market place due to your injuries?
    • How much have your injuries affected your housekeeping chores?
    • What treatment will you need now and in the future?
    • What out-of-pocket expenses do you have related to your injuries?
    • How does the law value your injuries and losses?
    • Who is at fault for the accident?

    People injured by someone else’s wrongdoing are usually entitled to damages for pain and suffering. Lawyers calculate pain and suffering damages by looking at what judges have awarded people with similar injuries. The more severe the injury is, the higher the award. The more the injuries have affected your life, the higher the award. The longer you experience symptoms, the higher the award. The maximum award in Canada for pain and suffering damages is in the range of $360,000.

    People who are not able to do their household chores are able to recover compensation for their loss of housekeeping capacity over their lifetime, even if a family member has taken on the tasks for them. You are generally awarded fair market value for each hour of housekeeping that your injury prevents you from doing.

    People who have lost income as a result of their injuries or will lose income as a result of their injuries are entitled to have it replaced. If your injuries make you less valuable as a worker (for example, you cannot do heavier tasks or work longer hours), then you are likely entitled to compensation for loss of income earning capacity. Loss of income awards should take into account all money that someone will lose as a result of their injuries over their entire working career.

    Injured people are entitled to be compensated for the cost of the treatment or rehabilitation expenses they need for the rest of their lives. You may need physiotherapy, massage therapy or counseling in the future. You may need help cleaning your home or doing your yard chores. You may need re-training at work. You may have to spend money on painkillers or other medications. All of these amounts should be recoverable.

    If you were partially at fault for your accident, then your damages will be accordingly reduced. For example, if you were 50% at fault for an accident, then your damages will be reduced by 50%.

    If you believe you may have broken a bone, it is important to seek medical attention right away. Broken bones are usually immobilized or casted for six weeks. If your symptoms do not resolve, you may also need physiotherapy, massage therapy or exercise therapy.

    Your doctor may prescribe pain medical and anti-inflammatory medication to help manage your pain. You may be given crutches, a walker or a cane to help with walking.

    If you have developed a limp, speak with your doctor. Your limp could cause damage to your hips or knees if left untreated.

    Generally speaking, you should reach maximal medical recovery for your fracture within one year of your accident. It may take a further year for your injured muscles, ligaments and tendons to reach maximal medical recovery. If your symptoms persist longer than one or two years, then you may have a permanent injury.

    Some fractures increase your risk of developing arthritis, particularly serious or “intra-articular” (meaning fractures involving the joint) fractures. Talk to your doctor about the risk of arthritis.

    After an accident on someone’s property, you will often be contacted by an insurance adjuster or investigator asking to interview you about how your accident happened. They will often want to record the interview or have you sign a statement.

    The insurance adjuster does not represent you or look out for your interests. They work for the insurance company who will actually be your adversary in any potential lawsuit. Do not trust them.

    It is usually a bad idea to talk with an insurance adjuster before seeking legal advice. Insurance companies use statements and interviews to try and find inconsistencies with your story to later argue that you are not a trustworthy witness.

    A Preszler Law BC lawyer will report your accident for you and handle all conversations with the insurance company to prevent you from making an honest mistake that harms your case.

    If you are injured, then you should seek medical attention right away. Your health should be the most important consideration.

    If you’re able to, then you should take a picture of the hazard that caused your injury. Also take pictures of the surrounding area to show if there were any warning or hazard signs. If you can’t take pictures, then have someone you know do it for you. The sooner the pictures are taken the better. If there are witnesses to your accident, then collect their names and contact information.

    It is important to contact a lawyer soon after your accident. Preszler Law BC has a full-time investigator who will investigate the accident location and preserve evidence helpful to your case.

    If a municipality has caused your accident, you should report the accident to them in writing within two months and may need to start a lawsuit against them within six months or else your claim could be barred. Contact a lawyer to ensure you are protected.

    It is rare for a case to go to trial. The vast majority of cases settle out of court.

    Sometimes, in order to get you the compensation you deserve, we will recommend going to trial. We will only recommend going to trial when we believe we can win your case.

    Trials are complicated procedures. They often involve court application on what evidence is and is not admissible. Personal injury lawyers know proper courtroom procedure and how to persuasively present evidence in court; they handle the entire trial for you.

    A trial is an opportunity to tell your story. The court will hear evidence on how your accident happened and how your injuries have affected your life. Your lawyer will spend a lot of time preparing you and other witnesses to give truthful, clear evidence in court. It is our job to make you feel comfortable with the process and remove any surprises.

    Preszler Law BC’s lawyers prepare meticulously for trial. We appreciate that little details matter. We gather all of the available evidence about your injuries. We do careful, thorough legal research and witness interviews. We hire some of BC’s best medical experts to explain what injuries you’ve suffered, how they affect your work and personal life now and in the future, and what treatment you need.

    Before trial, each party will have many opportunities to consider their case and make decisions on whether to settle out of court.

    The insurance company may try to offer you a low settlement before you have retained a lawyer and know your rights. Before accepting any settlement, it is important to speak with a personal injury lawyer. Even if you do not retain a lawyer, an initial free consultation can provide you with important legal information to help you make informed decisions about your settlement.

    You should consider retaining a personal injury lawyer before settling your claim. In nearly all cases, personal injury lawyers are able to recover more money than you can on your own, even after the fees are deducted.

    Preszler Law BC does not need a lot of information before taking on your case. Our initial telephone conversation is usually all we need to tell you whether you have a case and whether we can help.

    For motor vehicle accidents or falls, we will ask you when the accident happened and how the accident happened. We will also ask about what injuries you’ve suffered and where you’re feeling pain. This allows us to tell you whether you have a claim.

    If we take on your case, then we will need to collect some of your medical records to investigate what injuries you`ve suffered. In order to request your medical records, we need to know your health card number.

    The Law Society requires that we identify all clients before being retained. This means that we need to take a photocopy or picture of your government ID.

    If you have a long-term disability dispute, then we need to know when your insurance coverage was denied, the name of your insurance company and general information on why you are not able to work.

    If you have a claim, then you can likely afford to hire Preszler Law BC. We work on a contingency fee basis. We take on the expenses of your lawsuit for you until you receive your settlement. We do not ask for any money up front. Our fee is a percentage of the money we recover for you. We do not charge a fee unless we recover money for you.

    In nearly all cases, personal injury lawyers are able to recover more money than you can on your own, even after the fees are deducted.

    Our accident lawyers know the law. They will teach you about your rights and advise you how much your claim is worth. We handle all aspects of the lawsuit for you so that you can focus on your recovery.

    If you do not know your rights or what your claim is worth, then you may settle for a low or unfair amount. Insurance companies want to lower your settlement as much as possible. Insurance companies are businesses seeking to maximize their profits.

    The insurance company will hire a lawyer to defend its interests. This lawyer does not represent you and will actively seek to harm your case. A personal injury lawyer works to even the power balance between you and the insurance company.

    Insurance adjusters and insurance lawyers will take notes of everything you say. It is important to know your rights so that you do not say or do something that hurts your case. Once retained, Preszler Law BC will deal with the insurance company and their lawyer for you.

    Personal injury lawyers will help coordinate your treatment and rehabilitation. We know the best doctors, physiotherapists and health professionals. Getting the best treatment increases the chances of getting back to work and your regular life.

    Personal injury lawyers are nearly always able to increase the amount of money you receive for your settlement, even after the fees are deducted.

    No, personal injury lawyers teach you about your rights, advise you how much money your claim is worth, and work to ensure that you are legally protected.

    Preszler Law BC’s lawyers work on a contingency fee basis, which means that we take on the costs of your lawsuit for you until the settlement or judgment; we do not ask for any money up front; and, there is no fee unless we recover money for you.

    Personal injury lawyers are nearly always able to increase the amount of money you receive for your settlement, even after the fees are deducted.

    The length of time that a claim takes to settle depends on the circumstances of the accident. For cases that settle out of court, our personal injury lawyers may be able to negotiate a settlement within a few months.

    For cases that proceed to court, settlements can take anywhere from several months to a couple of years to obtain. This is because you and the defendant will need to gather and present evidence before a judge, who will make a final decision on the case.

    When you meet with our Vancouver personal injury lawyers, we may be able to advise you on the expected length of time your claim will take. We’ll base our assessment on the complexity of your situation and the type of compensation you’re looking for.

    The purpose of compensation is to put the injured person back in the same position they were in before being injured.

    In order to determine how much compensation someone is owed, our personal injury lawyers consider the following questions:

    • What are your injuries?
    • How severe are your injuries?
    • How long will your injuries last? How will they affect you in the long term?
    • How much do your injuries affect your work and personal life?
    • How much income will you lose over your entire lifetime due to your injuries?
    • Are you less competitive in the job market due to your injuries?
    • How much have your injuries affected your housekeeping chores?
    • What treatment will you need now and in the future?
    • What out-of-pocket expenses do you have related to your injuries?
    • How does the law value your injuries and losses?
    • Who is at fault for the accident?

    People injured by someone else’s wrongdoing are usually entitled to damages for pain and suffering. Our lawyers calculate pain and suffering damages by looking at what judges have awarded people with similar injuries. The more severe the injury is, the higher the potential award. The maximum award in Canada for pain and suffering damages is in the range of $360,000.

    The amount of compensation you are eligible for will vary depending on your circumstances. Our lawyers will take into account whether you need housekeeping assistance, whether you have lost income due to your injuries, whether your earning capacity has been lowered, how much you have spent on treatment, and more to determine a fair amount.

    If you were partially at fault for your accident, then your damages will be accordingly reduced. For example, if you were 50% at fault for an accident, then your damages will be reduced by 50%.

    Our Vancouver personal injury lawyers do not need a lot of information before taking on your case. Our initial telephone conversation is usually all we need to tell you whether you have a case and whether we can help.

    For personal injury matters or falls, we will ask you when and how the accident happened. We will also ask about what injuries you’ve suffered and where you’re feeling pain. This allows us to tell you whether you have a claim.

    If we take on your case, then we will need to collect some of your medical records to investigate what injuries you`ve suffered. In order to request your medical records, we need to know your health card number.

    The Law Society requires that we identify all clients before being retained. This means that we need to take a photocopy or picture of your government ID.

    If you have a long-term disability dispute, then we need to know when your insurance coverage was denied, the name of your insurance company and general information on why you are not able to work.

    We work on a contingency fee basis. This means we take on the expenses of your lawsuit for you until you receive your settlement. We do not ask for any money up front. Our fee is a percentage of the money we recover for you. We do not charge a fee unless we recover money for you.

    Our accident lawyers know the law. We’ll teach you about your rights and advise you on how much your claim is worth. We handle all aspects of the lawsuit for you so that you can focus on your recovery.

    If you do not know your rights or what your claim is worth, then you may settle for a low or unfair amount. Insurance companies may try to lower your settlement as much as possible because they are businesses seeking profit.

    The insurance company will hire a lawyer to defend its interests. This lawyer does not represent you and will actively seek to harm your case. A personal injury lawyer works to even out the power balance between you and the insurance company. Your legal representative will advise you on what to say so you can avoid making statements that harm your case.

    Personal injury lawyers will also help coordinate your treatment and rehabilitation. At our firm, we know the best doctors, physiotherapists, and health professionals who can help you get back to your regular life.

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