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Personal Injury links: Main page on Personal Injury About the law Articles FAQs Fees Motorbike Insurance Medical Negligence Injuries Lawyers Vancouver Personal Injury Lawyers List Victoria ICBC Disputes Lawyers Surrey BC Lawyers Vernon Lawyers And... Other areas Reference links Search the site |
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After a motor vehicle accident, in BC the steps in a typical personal injury case are:
1. Report to police and ICBC You should report the accident to the police as soon as you practically can. They will give you a file number for your case, which will be used for later correspondence. Next, report the accident to ICBC, by telephoning their claims line. They will give you a file number, and set up a time for you to go see an adjuster. Top of Page 2. Meet with a lawyer and an ICBC claims adjuster Before you see the claims adjuster, you should have an initial consultation with a lawyer to assess your case. This will normally not cost you anything, and could be vital to protect your interests. Anything you say to the claims adjuster may be used against you; thus, you need to ensure everything you say is accurate. In some cases, it may be advisable for your lawyer to accompany you to see the ICBC claims adjuster. Top of Page 3. Negotiate with ICBC You can begin negotiations with ICBC at any time after the initial meeting. These will continue until the case is either settled, or you go to court. It is important to note that more than 90 per cent of all ICBC cases settle before trial, and negotiations often take place even up to the trial itself. Top of Page 4. Lawyer assesses your case and files a lawsuit Your lawyer will review with you what happened and the evidence showing you were not at fault. She will also review the potential evidence of damages for your claim, and may interview witnesses to the accident where liability is in issue. Your lawyer will then decide whether it is necessary to file a lawsuit, and if so, whether it is best to file early on or later. She will consider the size and complexity of the claim, the position that ICBC is taking with respect to the claim, as well as the time that it will take for all your symptoms to show up. Top of Page 5. Setting the trial date Similarly, your lawyer will decide whether to set the trial date early or wait until all your symptoms have shown up. Normally, it is good to set the trial date early, so that there is a definite deadline. Top of Page 6. Pre-trial examinations and exchange of documents Usually, six to 12 months after commencing the lawsuit, each party to the accident will be examined by lawyers for the other side before trial. This is normally to try to get evidence of liability on your part, in order to deny part or all of the coverage. Normally, you will give the other side documents relating to the case. This includes evidence of wage loss (past, present and future) as well as other opportunities which you may have lost as a result of the accident. Top of Page 7. Trial If you still cannot come to a negotiated settlement before trial, then you will have to go to court. The court will hear evidence to determine who is at fault, and also the amount of damages suffered. Your lawyer may call your doctor as a witness, and also present evidence about your lost income and future income. At the end of the trial, the judge or jury will decide who was at fault, and how much damage was suffered. Top of Page 8. Appeals If one side or the other does not like the decision at trial, and there are legal grounds, he can appeal the decision to the B.C. Court of Appeal. There, other judges will review the decision, based upon the facts established, and decide whether it was correct, or else overturn that decision. |
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Legal disclaimer: The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions. This page last updated: 2006.08.31 © copyright 1999 Lawyers-BC.Com Services Ltd. Vancouver BC Canada See Sponsor Link CanadaVisaLaw.com for Canada Immigration & Business Lawyers, Lowe & Comapny in Vancouver, BCBusiness & Investor Immigrants | Intra company Transfers | NAFTA work visas-permitsSee Sponsor Link Class Action lawyers in Vancouver, BCIncluding Product Liability | Medical & Professional Negligence |See Sponsor Link Personal Injury - ICBC claims lawyers directory in Lawyers-BC.comExperienced trial (men and women) lawyers speaking: English, Cantonese, Mandarin, and German, Gujarati, Hindi, with experience in USA cross border cases, UK and Canada trainingSee also Vancouver Lawyers | Victoria lawyers | Nanaimo lawyers | Edmonton lawyerssponsor-admin 2004/02/01 www.netpac.com email sponsor ad links |
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