Independent Medical Exams in Personal Injury Claims: What BC Claimants Need to Know

Posted on by Brian Jacobson Posted in Outdoor Accidents, Personal Injury Claims, Slip and Fall Accidents, Occupier's Liability, Dog Bites, Sports and Recreation InjuriesTagged , , , ,

What Is an Independent Medical Exam in a BC Personal Injury Claim?

An independent medical exam, usually called a defence medical exam, is an assessment arranged by the opposing side once your physical or mental condition becomes an issue in the lawsuit.  Under Rule 7-6 of the Supreme Court Civil Rules, a defendant can require you to attend an exam with a medical practitioner of their choosing so both sides have comparable medical evidence to put before the court.

This rule applies to any personal injury claim where you are seeking damages for physical or psychological harm, not just motor vehicle cases.  We see it regularly in occupiers’ liability claims after a fall, in dog bite and assault matters, and in sport and recreation injury cases.  Once you plead an injury and put your condition in issue, the defence is generally entitled to test that evidence with its own examiner.… Continue reading

Poor Lighting and Falls in BC: When Is a Property Owner Responsible for Your Injury?

Posted on by David Goldberg Posted in Slip and Fall Accidents, Occupier's LiabilityTagged ,

Falls caused by poor lighting can lead to serious injuries. A person may miss a step in a dark stairwell, trip over a curb in an unlit parking lot, misjudge a change in elevation, or fall on an exterior walkway where shadows hide an uneven surface. These cases often sound straightforward at first. The area was dark, someone fell, and the property owner should be responsible.

Poor lighting can also combine with other hazards. A floor may be wet. A walkway may be uneven. A parking lot may have faded markings. A stair or ramp may lack contrast markings. An entrance may have a small drop or lip that blends into the surrounding surface. In those cases, the lighting problem may not be the only cause of the fall, but it may still be an important part of why the hazard was not reasonably visible.

In practice, poor-lighting injury … Continue reading

What Actually Happens at an Examination for Discovery in a BC Lawsuit

Posted on by Graham Taylor Posted in Personal InjuryTagged ,

If you have started a lawsuit in BC for a personal injury, a denied long-term disability or other denied insurance claim, an employment law matter, or any other civil dispute, you will almost certainly have to attend an examination for discovery. Most clients have never been examined under oath before. The process is uncomfortable, exhausting, and consequential and it can be helpful to have a better understanding of the process before you have to participate in one.

What an Examination for Discovery Is

An examination for discovery is a formal pre-trial proceeding where one party’s lawyer questions another party (or a representative of a corporate party) under oath. In BC Supreme Court, discoveries are governed by Rule 7-2 of the British Columbia Supreme Court Civil Rules.

The purpose of discovery is threefold. First, to find out what evidence the other side has and what their witnesses will … Continue reading

Fire, Flood, and Water Damage Injuries in BC: When Property Damage Becomes a Personal Injury Claim

Posted on by Ben Tarnow Posted in Personal Injury ClaimsTagged ,

A fire, flood, burst pipe, water leak, or other property damage event can turn someone’s life upside down almost immediately. In the first few days, most people are focused on practical issues such as where they will live, whether the building is safe, what repairs are needed, whether insurance will respond, and how quickly they can get back to normal.

But property damage can also cause injuries.

A person may be hurt escaping a fire, exposed to smoke, injured because of unsafe flooring after a leak, affected by mold after water damage, or hurt during emergency repairs or cleanup. In those situations, the legal issue may not be limited to the damaged property. There may also be a personal injury claim.

Property Damage and Personal Injury Are Different Legal Issues

A property damage claim and a personal injury claim are related, but they are not the same thing.

A property … Continue reading

Psychological Injury Claims in British Columbia: What You Need to Prove and Why Claims Get Denied

Posted on by Brian Jacobson Posted in Psychological Injury, Personal InjuryTagged , ,

Psychological injuries can be just as serious as physical injuries after an accident. In British Columbia, a person injured in a dog attack, slip and fall, assault, or other traumatic incident may be left dealing with PTSD, anxiety, depression, panic symptoms, sleep disruption, cognitive difficulties, and major changes in mood, relationships, and work capacity. These claims are real, but they are often denied or minimized because the injuries are less visible than fractures, scans, or surgical findings.

That does not mean British Columbia law treats psychological harm as less important. The Supreme Court of Canada has confirmed that mental injury is compensable in negligence cases. A plaintiff does not have to prove a formally diagnosed “recognized psychiatric illness” as a strict legal precondition to recovery. What the law requires is proof of a serious and prolonged mental disturbance that rises above the ordinary anxieties, annoyances, and emotional upset … Continue reading