Denied Long-Term Disability in Vancouver? Common Reasons and What to Do Next

Posted on by David Goldberg Posted in Insurance DenialTagged , ,

A long-term disability (LTD) denial can feel overwhelming. For many people in Vancouver and across British Columbia, LTD benefits are supposed to provide financial stability when illness or injury makes work impossible. When an insurer cuts off payments or refuses a claim, the impact can be immediate: lost income, stress about bills, pressure from an employer, and uncertainty about what happens next. The legal situation is also serious because disability insurance disputes are contract claims, and deadlines can matter. In British Columbia, the basic limitation period is generally two years from the date a claim is discovered, subject to the facts of the case and the applicable policy wording.

One of the first things to understand is that an LTD denial is not the same thing as a court finding that you are not disabled. It is the insurer’s position based on the information it says it has at the … Continue reading

Poor Lighting and Fall Accidents in BC: When Is a Property Owner Responsible?

Posted on by Brian Jacobson Posted in Slip and Fall Accidents, Occupier's LiabilityTagged ,

Poor lighting is one of the most overlooked causes of serious fall accidents. A dim stairwell, a burned-out light in a parkade, a shadowed walkway outside a business, or a poorly lit apartment entrance can turn an ordinary step into a dangerous hazard. In British Columbia, including Vancouver, a fall caused by poor lighting may give rise to a personal injury claim, but property owners are not automatically responsible just because someone got hurt.

The legal question is usually whether the person or company responsible for the premises took reasonable care to keep visitors reasonably safe. In BC, that issue is governed primarily by the Occupiers Liability Act, which says an occupier must take reasonable care in all the circumstances to see that people on the premises will be reasonably safe.  The duty applies not only to the physical condition of the property, but also to activities on the … Continue reading

How Personal Injury Lawyers Handle Brain Injury Cases – and Why They’re Different

Posted on by David Goldberg Posted in Personal Injury, Brain InjuryTagged , ,

When a client comes to us with a suspected traumatic brain injury (TBI), we approach the file differently from a typical sprain/strain or fracture case. Brain injury from accidents can be subtle, evolving, and life-altering, even when CT or MRI scans look normal.

Proving a brain injury was caused by an accident demands a tailored strategy, specialized experts, and careful documentation to show how the injury changes cognition, mood, and day-to-day function. Below is a practical look at how brain injury files move through a law firm, where they diverge from other personal injury claims, and how we build legal claims for traumatic brain injury due to negligence that stand up to scrutiny.

Early Intake: Listening for the “Invisible” Red Flags

With many injuries, the harm is visible to the eye, whether it’s stitches, casts, imaging reports. A TBI is different. The first step is a symptom-focused interview, looking for … Continue reading

Slip and Fall Lawyers in British Columbia: What You Need to Know (and How to Help Your Case)

Posted on by Ben Tarnow Posted in Slip and Fall AccidentsTagged , ,

If you’ve been hurt in a slip and fall or trip and fall in B.C., the steps you take in the first few days can make or break your claim. This blog post explains how liability works under B.C. law, what a slip and fall lawyer (or trip and fall lawyer) actually does, and, most importantly, how you can help your lawyer get the best result.

How Liability Works in B.C. Slip and Fall Claims

In British Columbia, the Occupiers Liability Act requires property owners and those in control of premises like stores, parking lots, strata common areas, sidewalks under control, and to take reasonable care to keep visitors reasonably safe. In practical terms, your lawyer will look at:

  • Hazard creation or failure to address a hazard: Spills, tracked-in rain, ice, uneven pavements, curled mats, loose cables, and poor lighting.
  • Reasonable inspection and maintenance: Was there a practical
… Continue reading

What Qualifies as Negligence in a Personal Injury Case?

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged , , , , , ,

When you’re hurt because someone else wasn’t careful, the law of negligence is what lets you claim compensation. The negligence lawyers at Taylor & Blair LLP have over 30 years of experience in making sure individuals who are injured due to the negligence of others receive fair compensation. In British Columbia, courts look for four building blocks: duty of care, breach of the standard of care, causation, and damages. If all four are present, you likely have a negligence claim. 

The Four Elements of a Negligence Claim

1) Duty of care

A duty of care exists when the relationship between parties is close enough that one should reasonably consider the other’s safety. Examples of this are drivers owing a duty to other road users; property owners (called “occupiers”) owing a duty to visitors; professionals owe duties to their clients or patients, etc. 

2) Breach of the standard of care

The … Continue reading