Archive for the ‘Personal Injury’ Category
Pushor Mitchell Lawyer Brent Coyne will speak at this year’s Pushor Mitchell Westcoast Brain Injury Conference on June 14, 2023.
Read the Full Article
Pushor Mitchell Partners Paul Mitchell K.C. and Bryan Fitzpatrick completed a trial where the client was awarded $1,793,000.
Read the Full Article
Social gatherings this time of year raise a number of interesting legal questions about who is or is not responsible in the event that someone injures themselves either while attending the party or making their way home.
Read the Full Article
This UBC study concludes that many common prescription medications pose a risk of causing a car crash.
Read the Full Article
Most people are aware that they are supposed to shovel the sidewalk in front of their house after a snowfall. Many people are aware of what time their municipality expects them to do so.
Read the Full Article
Gathering evidence immediately after a car crash is often crucial to the success of your personal injury claim.
Read the Full Article
At its core, a personal injury claim involves assessing the difference between an injured claimant’s reality, and what their reality would have been had a car accident, or other injury-causing event, had not happened.
Read the Full Article
In a case identified by the court as analogous to David and Goliath, the hard ball tactics of the insurer deprives it of its costs, despite successfully defending a claim for personal injury.
Read the Full Article
This Article in the Province Newspaper by a Doctor shows why No Fault is not good for the injured.
Read the Full Article
This article by an economist shows the NDP’s justification for No Fault makes No Sense.
Read the Full Article
A recent case in Ontario found a rec league hockey player responsible for significant damages for a blindside hit in a no contact league.
Read the Full Article
In the latest ‘reform of the law for collision victims in BC, the NDP have passed a new regulation shortening the time to submit receipts to ICBC from 2 years to a mere 60 days.
Read the Full Article
In a recent Supreme Court of British Columbia case the court confirmed that if you are injured by a hit and run driver, you do not need to do everything conceivable in order to identify the driver.
Read the Full Article
While the law often concerns itself with compensating children who are injured as a result of negligence, it sometimes also has to grapple with whether a child can be held responsible for the injuries or loss suffered by others.
Read the Full Article
For better or for worse, injuries are a part of childhood and the process by which children learn to explore the world around them.
Read the Full Article
Until now the law has been that negligent drivers, whether careless, drunk or distracted, have had to pay for the full extent of the damage that they cause to other users of the roadways.
Read the Full Article
With a cell phone in every pocket, distracted driving accidents are on the rise and innocent people are getting hurt in more rear-end collisions than ever before.
Read the Full Article
New Underinsured Motorist Protection (UMP) options are now available from ICBC. Learn why you should take advantage of this new option for UMP.
Read the Full Article
Distracted driving is a huge problem and one that is costing lives. It is now responsible for more motor vehicle deaths than drunk driving.
Read the Full Article
Incidents of “dooring” are increasing. Both cyclists and drivers need to read this article.
Read the Full Article
This article explains how ICBC third party liability works, and discusses the factors to consider in choosing how much coverage to buy.
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
After an accident critical evidence from the accident scene can disappear if it is not obtained immediately.
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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?
Read the Full Article
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
Read the Full Article
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
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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, [...]
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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, [...]
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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).
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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
Read the Full Article
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 […]
Read the Full Article
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, [...]
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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 # [...]
Read the Full Article
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 # [...]
Read the Full Article
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.
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
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 # [...]
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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.
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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 [...]
Read the Full Article
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 [...]
Read the Full Article
ICBC has been accessing sites such as Facebook, Blogger, MySpace, and other social newtorking sites in order to investigate injury claims.
Read the Full Article
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.
Read the Full Article
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
Read the Full Article
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 […]
Read the Full Article
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 […]
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
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.
Read the Full Article
