Archive for the ‘Personal Injury’ Category

Distracted Driving Kills: The BC Coalition to End Distracted Driving

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Distracted driving is a huge problem and one that is costing lives. It is now responsible for more motor vehicle deaths than drunk driving.

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“Dooring” Injuries on the Rise: Cyclists and Drivers Should Be Aware

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Incidents of “dooring” are increasing. Both cyclists and drivers need to read this article.

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ICBC Third Party Liability Coverage: How Much is Enough?

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This article explains how ICBC third party liability works, and discusses the factors to consider in choosing how much coverage to buy.

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ICBC “Principal Operator”: All Car Owners and Drivers Need to Know This

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This article deals with the issues surrounding the definition of “Principal Operator” under an ICBC insurance policy, and the risks involved by not naming the correct person.

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Motorcycle Licensing in BC

By Eric Ledding
Categories: Blog, Personal Injury
Years back when I was going through the steps of obtaining my full motorcycle licence in British Columbia, I was surprised about how many people I spoke with that rode motorcycles that did not have a full licence.

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Unidentified Driver Accidents

By Eric Ledding
Categories: Blog, Personal Injury
Hopefully, if you have the misfortune to be injured in a motor vehicle accident, then you are not at fault for the accident and you are able to identify the driver on the vehicle who is at fault.

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Retaining Evidence at an Accident Scene With Your Phone

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
After an accident critical evidence from the accident scene can disappear if it is not obtained immediately.

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The Dangers of Drowsy Driving

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Far too many drivers don’t realize that driving while sleep impaired (drowsy driving) can be just as dangerous as impaired driving. Read the alarming statistics, and then send this article to your family and friends to warn them of the dangers.

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Is There A Cap On The Amount Of Injury Compensation I Am Entitled To?

By Greg Pratch
Categories: Blog, Personal Injury
In a personal injury claim, whether your claim arises as a result of a motor vehicle accident, slip and fall or some other unfortunate event, compensation can be pursued for things like pain and suffering.

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Over 240,000 Canadian Bicycles Recalled with Dangerous Front Wheel Quick-Releases and Disc Brakes

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Health Canada joins recall with the United States Consumer Product Safety Commission (US CPSC), on various bicycle manufacturers and distributors, for bikes sold from 1998 to July 2015.

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What To Do At The Scene Of A Motorcycle Accident

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
While out on the road, you see a motorcycle accident, or you may be involved in one yourself. What should you do, and how can you help?

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Before You Sign…

By Pushor Mitchell LLP
How many simple documents or forms do you sign each year without reading?

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Personal Injury Claims and ICBC

By Greg Pratch
Categories: Blog, Personal Injury
As a personal injury lawyer, Greg Pratch finds that initial consultations with clients often occur after ICBC has made an initial offer to settle.

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Medical-Legal Reports & ICBC Forms – a Primer for Family Doctors

By Greg Pratch
Categories: Firm News, Personal Injury
Pushor Mitchell is pleased to present "Medical-Legal Reports & ICBC Forms - a Primer for Family Doctors."

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Dock Liability

By Paul Mitchell, Q.C.
What risks do you have if you own a waterfront property with a dock?

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It’s Okay To Say I’m Sorry

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
Stand-up comedians and sitcoms have been making fun of Canadians for being polite as long as I can remember. Being known for our niceness is certainly not a bad thing and I wish more Canadian businesses would adopt this philosophy

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So What Do I Pay ICBC for Anyway?

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
If you have had ongoing dealings with ICBC as a result of a car accident than you have likely had the pleasure of dealing with at least two sides of ICBC. Initially the relationship starts off pleasant but as the relationship continues

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Airbag Defect, Deaths Lead to Recall Involving 4.7M Cars

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
An airbag defect that’s blamed for at least four deaths has led the US National Highway Traffic Safety Administration to issue a recall notice for more than 4.7 million vehicles. The latest recall brings the total number of cars recalled because of the airbag issue to 12 million worldwide, reports The Washington Post. The NHTSA […]

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Teen and Parent Car Use Agreement

By Paul Mitchell, Q.C.
Teens are involved in many serious car accidents. Pushor Mitchell personal injury and ICBC claim lawyer Paul Mitchell Q.C. has prepared a “Teen and Parent Car Use Agreement ” to assist parents in getting the message across to their teen driver about driving safely. This Agreement is free. Yes, free.

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Cyclists: Enjoy the Ride in Safety

By Jeremy Burgess
Categories: Blog, Personal Injury
During the summertime, there’s almost no better way to enjoy the sunshine than a ride on your bicycle. Whether you are training for a GranFondo or Iron Man event or simply enjoying a casual ride on the weekend, cycling is a great way to enjoy the summer and a fantastic alternative to driving. A recent […]

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Harley Davidson Recall

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Harley-Davidson has announced a recall of over 66,000 motorcycles due to a defect that can cause the front wheel to suddenly lock up. When the recall was issued, only five crashes had been reported and the injuries were minor, but the potential dangers of this type of defect are frightening. This is the second major […]

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Pushor Mitchell Okanagan Conference On Brain Injury To Offer Leading Information

By Pushor Mitchell LLP
Pushor Mitchell is pleased to sponsor the 21st annual brain injury conference — the Pushor Mitchell Okanagan Conference on Brain Injury on June 12 and 13, 2014 at the University of British Columbia Okanagan in Kelowna. The Conference, hosted by BrainTrust Canada, will be an interactive learning experience for professionals, caregivers and individuals living with […]

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Injured On Another’s Property – Am I Entitled To Compensation For My Injuries?

By Greg Pratch
Categories: Blog, Personal Injury
Every year in my personal injury practice, I meet with individuals who have had the unfortunate luck of sustaining significant injuries while out shopping, eating dinner out, attending a party, etc. In other words, these individuals have been injured while on someone else’s property. I have seen injuries sustained in all kinds of circumstances ranging from slip and falls to more unpredictable events like products falling off shelves or [...]

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ICBC Made Me An Offer To Settle My Claim – Should I Accept It?

By Greg Pratch
Categories: Blog, Personal Injury
As a personal injury lawyer, my initial contact with new clients often comes after ICBC has made them an offer to settle their personal injury claim. The question I am asked in those circumstances of course is whether the ICBC offer is reasonable. There are a couple of important things to understand when it comes to assessing an offer from ICBC.

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New BC ATV And Off Road Vehicle Legislation Proposed

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
The BC Government announced the introduction of Bill 13, the Off Road Vehicle Act, which seeks to change the Province’s system regulating the use of off road vehicles. Below is the BC Government’s press release: VICTORIA – Bill 13, the Off Road Vehicle Act introduced today, promises certainty, safety and regulatory structure for thousands of off-road enthusiasts. The proposed Off Road Vehicle – or ORV [...]

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Recall Notice: Mountain Bike Front Forks

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
A mountain bike suspension front fork used on many popular mountain bikes has been recalled as a result of potential failure issues, which could cause serious injury.Product description:  Fox Evolution 2013 Mountain Bike Suspension ForksThe recalled suspension forks are model year 2013, model number 32 and 34 Fox Evolution Series, with 120 mm to 160 mm of travel.  The Evolution name and logo are on a sticker on the front fork, [...]

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Interesting Transactions – From Our Personal Injury Group

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
  From Our Personal Injury Group – Paul Mitchell Q.C. has extensive experience with product liability and manufacturer’s liability claims including the following claims: against a truck manufacturer in the USA, involving an analysis of  the entire truck manufacturing plant, and entire manufacturing and design process, with multiple engineering experts against a drive shaft manufacturer in […]

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Residual Effects Of Sleep Medication On Driving Ability

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Most people are aware that sleep deprivation can have a dangerous effect on driving ability. In some cases sleep deprivation can impair your abilities as much as alcohol. Many people are not aware of the residual effects of sleep medications on driving ability the next day. Sleep experts warn that people should exercise caution before […]

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Guardrails May Be Dangerous

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Guardrails can be dangerously designed. Severe accident cases involving impacts with guardrails should always entail an analysis of the design of the guardrail, and whether the guardrail was properly designed and installed, given its intended use, and other guardrail design options that are available.

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Interesting Cases / Transactions – Severe Spinal Cord Injury File Settled

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
From Our Personal Injury Group – Paul Mitchell Q.C recently settled a personal injury file dealing with a severe spinal cord injury. The client was a passenger in a motor vehicle that was ejected on impact. The client sustained a spinal cord fracture which resulted in paraplegia. Although the client and the family resided in […]

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Motorcycle Accidents: Distance, Perception, And Reaction Times

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
I have acted for numerous motorcyclists who have been severely injured as a result of cars colliding with them when the motorcyclist was easily seen and clearly visible.

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Assessing Fault In Motor Vehicle Accidents – ICBC Is Not The Final Word

By Greg Pratch
Categories: Blog, Personal Injury
As a personal injury lawyer, I have represented numerous clients that, prior to my involvement, were told by ICBC they were not entitled to injury compensation, despite having been injured in a motor vehicle accident.  The reason ICBC had denied compensation in these instances was because it had determined that the accident was the fault of my client.  It is certainly true that you are only entitled to injury-related compensation, [...]

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Interesting Transaction – From Our Brain Injury Group

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Paul Mitchell Q.C. settled a serious brain injury case for a client in Vancouver. The Vancouver resident slipped on a piece of fruit in an aisle of commercial retail food premises in Vancouver, and sustained a very severe brain injury. The client and his family retained Mitchell to act their behalf. Mitchell commenced the law suit against the owner of the mall, and the commercial food retailer tenant. The issues involved the system of [...]

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I’m Injured! Should I Hire A lawyer?

By Greg Pratch
Categories: Blog, Personal Injury
One of the questions I get asked most often is "When do I know I need a lawyer?" or "How long after sustaining an injury should I wait to consult a lawyer?" These questions can come up in a variety of circumstances including motor vehicle accidents, slip and falls and other cases involving personal injury. There is not a specific answer to the question, but my rule of thumb is the more significant or long-lasting your [...]

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Interesting Cases / Transactions – From Our Personal Injury Group

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
Paul Mitchell, Q.C. recently settled a very complicated personal injury product liability lawsuit. The lawsuit involved a driveshaft that fell from a large commercial vehicle in northern BC, which impacted an oncoming car, causing the car to veer into the oncoming lane and collide with a truck and trailer. Paul Mitchell acted for the driver and passenger of the car, who were seriously injured.

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MRIs Reveal Signs Of Brain Injuries Not Seen In CT Scans

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Hospital MRIs may be better at predicting long-term outcomes for people with mild traumatic brain injuries than CT scans, the standard technique for evaluating such injuries in the emergency room, according to a clinical trial led by researchers at UCSF and the San Francisco General Hospital and Trauma Center (SFGH).

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Thinking Of Lending Your Car Out?

By Greg Pratch
Categories: Blog, Personal Injury
Thinking of lending your car out?  Here are some things to consider.

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The Compensability Of Injuries During Sex

By Alfred Kempf
Categories: Blog, Personal Injury
Australia’s Federal Court of Appeal has allowed a claim for injuries suffered by a female worker caused during what must have been adventurous sex while on a business trip. The woman met up with a friend and after dinner and drinks returned to her motel room (paid for by her employer) where one thing apparently […]

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7 Winter Driving Tips To Keep You Safe

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Accidents in winter are often more serious because cars can’t slow down as quickly when they skate over ice. The key is to prevent the damage and injury by avoiding those accidents altogether. The problem, however, may not just be your driving. Other drivers can make poor judgements when winter driving. Others on the road […]

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Counterfeit Air Bags Extreme Safety Risk

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Thousands of motorists may be driving cars and trucks installed with dangerous counterfeit air bags. Car owners whose air bags have been replaced in the past three years may have had dangerous counterfeit bags installed. The Los Angeles Times reports, "Federal safety regulators are warning that counterfeit air bags are being installed by auto repair […]

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Whiplash Injury Much More Severe When Head Is Turned

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
People whose heads are turned at the time of a rear impact collision risk a much more serious whiplash injury, with potentially chronic symptoms, and a Yale School of Medicine study explains why.

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How Trampolines Can Ruin Your Life

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
A recent policy statement by a group of doctors highlights the inherent dangers of trampolines. Think a net makes them safe? Read how a trampoline can cause severe injury, and how it could ruin your life, even with a “safety net”.Trampolines are very dangerous. If you have one in your backyard, I would recommend you consider getting rid of it. The risk is just too great that someone will be injured, no matter what preventative [...]

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ICBC Shake Up After BC Government Releases Report On ICBC

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
ICBC is in a state of flux after the Government’s recent review of ICBC’s operations. ICBC CEO Schubert is “stepping down” in November. This has been quoted as a “mutual decision” between government and Mr. Schubert. The ICBC review report is available at: http://www.fin.gov.bc.ca/ocg/ias/pdf_docs/ICBC_Review_2012.pdf ICBC’s response to the review is available at: http://icbc.com/news/2012aug16-02 [...]

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New Study Finds Whiplash Caused Brain Injury In Over 20 Percent Of Cases

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Preliminary findings show that the connection between whiplash and brain injury is more significant than thought. While it has long been known that whiplash can cause injuries to the cervical spine, a new study published in the July issue of the journal Brain Injury, “Chiari and whiplash Injury”, co-authored by Ezriel E. Kornel, M.D. F.A.C.S., Michael D. Freeman, Ph.D., and others) shows that whiplash may also cause anatomical [...]

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Structured Settlements 101

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This article describes how “structured settlements” are used in serious personal injury actions.Anyone with a serious injury claim should consider using a structured settlement.Mckellar Structured Settlements Inc. explains what a structured settlement is, and how they work, in this online article below.Our firm’s Personal Injury Group has successfully concluded numerous structured settlements on behalf of seriously injured [...]

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Is Your Child In The Right Car Seat?

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Car crashes are the number one killer of children 1 to 12 years old in the United States and Canada. The best way to protect them in the car is to put them in the right seat, at the right time, and use it the right way. Read this article to help you make better-informed choices when choosing and using a car seat.

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Interesting Transactions – From Our Personal Injury Group

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
From Our Personal Injury Law Group – Recently settled a complicated medical malpractice file resulting in a settlement of $3.5 million. The action was against four doctors and a B.C. hospital. Find out more about our Personal Injury Law Group: http://www.pushormitchell.com/service/personal-injury

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The Case For A New Wrongful Death Act In BC

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Many groups are lobbying for a change to BC wrongful death legislation. This article discusses some of the issues involved in this very emotional area of law. Should someone die as a result of someone’s negligence, their immediate family is entitled to sue for damages under the BC Family Compensation Act. The Family Compensation Act […]

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Low Velocity Accidents And Injury Compensation

By Greg Pratch
Categories: Blog, Personal Injury
Imagine sitting in your vehicle stopped at a red light and getting rear ended by another vehicle travelling at a very slow speed. This type of accident may cause very little damage to the vehicles involved and it may appear, at least at first glance, to be a very minor accident. Often times the parties will escape without injury; however, just because an accident occurs at a low speed does not mean that injuries cannot be caused. In fact, [...]

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Merck Settles All Canadian Vioxx Lawsuits For C$37 Million

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Pharmaceutical giant Merck has agreed to pay up to CAN$36.8 million (US$36.3 million) to resolve all suits brought against it in Canada over its former hit painkiller Vioxx. Merck voluntarily withdrew the popular medicine, known by its generic name Rofecoxib, from the market in 2004 after interim clinical trials linked the anti-inflammatory drug to a […]

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Interesting Transactions – From Our Personal Injury Group

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
From our Personal Injury Law Group – Recently settled a complex product liability action against two large US medical companies, Johnson and Johnson, and Depuy medical, for a failed knee implant. The defence lawyers advised this was one of largest settlements they have paid in Canada to date for a failed knee implant case.

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Court Rules Massage Therapy Is A Mandatory ICBC No-Fault Benefit

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Reasons for judgement were released recently by the BC Court of Appeal confirming that ICBC’s No-Fault Benefits Scheme (aka Part 7 Benefits) requires mandatory coverage of massage therapy benefits.  These reasons are useful as they contradict ICBC’s internal policy limiting the availability of coverage for massage therapy.

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In-Trust Claims – Compensation For Lending A Helping Hand

By Greg Pratch
Categories: Blog, Personal Injury
When a person sustains injuries as a result of the fault of another, whether by way of a motor vehicle accident, a slip-and-fall or otherwise, there may be substantial limitations to that person’s ability to work and care for themselves for a period of time afterwards. Family members of the injured person often end up helping their loved one, whether by way of taking on housekeeping duties, or assisting with childcare, mobility, or [...]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #1

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by BC personal injury lawyer Paul Mitchell Q.C, will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #2

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by BC personal injury lawyer Paul Mitchell Q.C, will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #3

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #4

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim.The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]

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Children Restraint Tips; How Booster Seats Save Children’s Lives ; A Must Read For Every Parent

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
I came across a video recently that is a must see for every parent and grandparent.The video was prepared for the Utah Primary Children's Medical Centre campaign on the need for children to use booster seats until they are tall enough to use an adult seat belt.It describes how using a booster seat, when your child has out grown their children’s safety  seat,  may possiblly avoid a serious injury to your child.

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The Perils Of Registering A Teenager’s Car In The Parent’s Name

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Should a parent register their teenager’s car in the parent’s name to save on insurance premiums? Some parents register a car to be used by their teenager in the parent’s own name, to save on insurance premiums. This article explains the tremendous risks in doing so. A parent should never…repeat…never… register a car to be used primarily […]

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The Personal Injury Group At Pushor Mitchell LLP

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
The lawyers in our Personal Injury Group have extensive experience representing clients with wide ranging injuries sustained in motor vehicle accidents, slip and falls, physical assaults, medical malpractice, product malfunctions, and many more.  Our lawyers have extensive experience representing numerous clients with severe and catastrophic injuries, including brain injuries and spinal injuries, and have obtained […]

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What Is An Examination For Discovery?

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
In British Columbia, each side in a law suit has the right to examine the opposing side under oath.  In its simplest form, an examination for discovery is the oral testimony of a Plaintiff or Defendant taken under oath before trial.  The basic rule is that questions asked need only address themselves to information that is relevant to the case or to the discovery of relevant facts.

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Hit And Run Accidents – Can You Still Seek Injury Compensation?

By Greg Pratch
Categories: Blog, Personal Injury
If you are injured in a hit-and-run accident in British Columbia, it is important to be aware that you may still be entitled to seek compensation for your injuries.  The British Columbia Insurance (Vehicle) Act outlines the process by which an injured party can seek to recover injury compensation even though the identity of the responsible driver is unknown.  There are, however, some key factors that impact whether you will be [...]

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10 Secrets To Cycling With Traffic

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
With spring arriving, there will be an increasing number of cyclists on the road.This article is a refresher on safe bicycling practices, and how to avoid an injury riding your bike.It is a good read for all members of your family who ride.Joe Travers at Biking Toronto has been posting a helpful series titled, “10 Secrets to Cycling with Traffic”.Check out the full “10 Secrets to Cycling with Traffic” series, and ride [...]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #5

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #6

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by Pushor Mitchell personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.This month, Mistake # 6   Not [...]

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Justice Lambastes ICBC For Using A Doctor As An Expert Witness Who Was “Reprehensible”

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
ICBC and one of it's expert doctors were both lambasted in  a recent B.C. Supreme Court case.Many say the case is emblematic of ICBC using experts who they know are unreliable, merely to discredit a plaintiff with a legitimate claim.In the ruling Justice Dev Dley hammered ICBC's paid expert witness, the psychiatrist Dr.

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #7

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by Pushor Mitchell personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #8

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.Mistake # 8) Failing to have the vehicles and [...]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #9

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.

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Surgical Errors Still Occurring “Far Too Often” Says Study

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
The New York Times reports in Vital Signs that "despite a requirement that hospitals abide by a standard set of procedures to prevent surgical mistakes like operating on the wrong patient or the wrong body part, such errors continue to occur far too often," according to a paper in the Archives of Surgery. "Past estimates […]

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #10

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C., will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For the next 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.

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Don’t Forget To Buckle Your Seatbelt

By Greg Pratch
Categories: Blog, Personal Injury
The law requires that we fasten our seatbelts while driving or riding as a passenger in a motor vehicle.   This law exists, at least in part, because seatbelts are proven to help reduce the risk of serious injury or death in the event of an accident.  As a result of these proven safety implications, our law will often reduce the compensation that an injured motorist is entitled to receive if the motorist was not wearing their [...]

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Johnson & Johnson Sued Over Hip-Replacement Devices Recalled in August

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Johnson & Johnson  is likely facing many lawsuits as a result of defective hip-replacement devices that the drugmaker stopped selling last month after defect reports surfaced.Officials of J&J and it's subsidiary DePuy Orthopaedics said they recalled the devices, known as the ASR XL Acetabular and the ASR Hip Resurfacing systems, after researchers found many patients needed “revision surgery” after five years because [...]

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ICBC Accessing Claimant’s Facebook Pages

By Paul Mitchell, Q.C.
ICBC has been accessing sites such as Facebook, Blogger, MySpace, and other social newtorking sites in order to investigate injury claims.

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Personal Injury; Using Your Cell Phone At Accident Scene

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
A recent BC Supreme Court case hi-lites a creative use of cell phones at an accident scene ; using your phone to photo the accident scene evidence AND obtain a verbal recorded statement from the other driver.

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Toyota Facing Massive Safety Recall Class Actions

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
To date, Toyota is facing at least 89 class action lawsuits regarding safety recalls that could potentially cost them in excess of $3 billion, according to the Associated Press.  http://www.news.lp.findlaw.com/ap/f1310/03-09-2010/20100309025006_01.html

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Cell Phones in Cars Banned; Motor Vehicle Amendment Act, 2009 (Bill 15)

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
The Motor Vehicle Amendment Act, 2009 (Bill 15) has passed First Reading. The bill has the following key features: Amended:       Motor Vehicle Act, R.S.B.C. 1996, c. 318   Summary: Bill 15 amends the Motor Vehicle Act. Bill 15 requires that a person must not use an electronic device while driving or operating […]

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Parents Can’t Waive Children’s Right To Sue

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
Parents have no right to waive their children’s right to sue, according to a  recent B.C. Supreme Court decision. Victor Wong was 12 years old when his mother signed a liability waiver to enrol him in a Hapkido school, a Korean martial art. Wong was 16 when he was allegedly violently thrown to the ground during […]

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Social Host Liability Opinion

By Paul Mitchell, Q.C.
Categories: Blog, Personal Injury
Supreme Court Case on Social Host Liability   I am concerned that many people may not know the details of this recent Supreme Court of Canada case, and may mistakingly believe that social hosts now have no duty whatsoever to their guests.

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Canadian Class Action Database Created

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
The CBA launched the National Class Action Database, a repository for information and documents about new class actions across Canada. The database is located at www.cba.org/classactions. This two-year pilot was initiated by the CBA Civil Litigation Section, following a recommendation by a Uniform Law Conference of Canada’s Working Group on Multi-jurisdictional Class Actions.

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Sleep Apnea Causing Accidents

By Pushor Mitchell LLP
Categories: Blog, Personal Injury
Sleep Apnea Doubles Car Crash RiskPeople with sleep apnea – a breathing disorder that disrupts sleep – are at double the risk of being in a car crash, a new study by Vancouver Coastal Health Research Institute and University of British Columbia respirologists finds.

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BC Motor Vehicle and ICBC Claims: Frequently Asked Questions

By Paul Mitchell, Q.C.
Categories: Personal Injury
Should I call a lawyer even if I may not have a case? Yes, you should call a lawyer as soon as possible. Lawyers are trained to know the law and how the law applies in different situations. Since there is generally no charge for an initial consultation, there is nothing to lose by calling. How long do I have to make a claim?

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Structured Settlements

By Paul Mitchell, Q.C.
Categories: Personal Injury
A personal injury claim can either be settled by way of a lump sum payment or by way of a structured settlement or a combination of the both (i.e.

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Alert! Check Your Automobile Insurance Limits Now!

By Paul Mitchell, Q.C.
Categories: Personal Injury
Several recent BC cases have once again shown the dangers of having low third party liability limits on your ICBC policy.Third Party Liability (TPL) is the amount that ICBC will pay out on your behalf should you be at fault in an accident and cause an injury to someone else (the "third party"). The amount of your TPL coverage is chosen by you when you take out or renew your automobile insurance.Of course $ 1million TPL is cheaper [...]

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No-Fault Automobile Insurance

By Paul Mitchell, Q.C.
Categories: Personal Injury
You may not be aware ICBC is actively considering a no-fault automobile insurance scheme that will drastically reduce peoples rights and the rights of innocent accident victims. Essentially, no-fault automobile insurance would eliminate your right to sue for damages or compensation for injuries. The proposed system would be similar to a Workers Compensation Board type of system and would force innocent accident victims to accept whatever [...]

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Paul Mitchell Awarded Q.C.

By Pushor Mitchell LLP
Categories: Personal Injury
Pushor Mitchell partner Paul Mitchell was recently appointed Queens Counsel. An advisory committee makes recommendations for Q.C. appointments to the Attorney General, Wally Oppal. The advisory committee includes the chief justice of British Columbia, the chief justice of the Supreme Court of British Columbia, the chief judge of the Provincial Court, the president of the […]

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