What is an In-Trust Claim?

Posted on by Taylor & Blair LLP Posted in In-Trust Claims

An in-trust claim is a claim for services provided free of charge by a family member that you otherwise would have had to pay someone to provide. An award can be made for the services provided and paid to the plaintiff in a personal injury action in-trust for the person who provided the services.

While the concept of an in-trust claim is relatively straightforward, the law surrounding it and how it is applied by the courts is more complex and inconsistent, leading to a lack of certainty as to how to approach such claims approaching trial.

The Legal Test for In-Trust Claims

The legal test for an in-trust claim was laid out in Bystedt v. Hay,2001 BCSC 1735 at para. 180, aff’d 2004 BCCA 124, and in order to seek an award for damages under an in-trust claim you have to prove that:

  • (a) the services provided must replace
… Continue reading

Special Damages

Posted on by Taylor & Blair LLP Posted in Personal Injury, Special Damages

What Are Special Damages?

For people who have suffered a significant injury due to the negligence of another and have a personal injury claim, there are always associated costs, whether it is for medical care or something else. These out-of-pocket expenses are called special damages.  If they relate to the accident/incident which caused your injuries, special damages are recoverable at the end of your lawsuit.

Special damages are out of pocket expenses that, but for the accident, you would not have incurred.  These can be anything that is reasonably incurred and, but for the accident would not have been required.  This include the costs for medicine, medical or therapeutic equipment, medical treatments (as discussed below), and parking for medical appointments amongst others. For any special costs incurred make sure you keep a receipt or invoice as you will need this documentation to prove your losses at the end of your … Continue reading

Tips for Dealing With Your Insurance Company

Posted on by Taylor & Blair LLP Posted in Insurance Denials

Almost everyone seeks financial security through various insurance investments to help them suring difficult times. These insurance policies, whether they cover long-term disability insurance, life insurance, critical illness insurance, mortgage protection, or  accidental death & dismemberment, offer peace of mind, knowing they will provide support when needed most. Unfortunately, numerous legitimate insurance claims are denied annually.

To address this issue, we have developed the “Tips for Dealing With Your Insurance Company” guide. This book aims to empower you with essential knowledge to handle your insurance matters independently, reducing the chances of becoming one of our clients facing denied claims.

 

However, if your claim gets rejected, and you encounter difficulties negotiating with your insurer, we are ready to assist. At Taylor & Blair LLP, our dedicated insurance denial lawyers tirelessly work to ensure our clients receive fair treatment and entitled insurance benefits. With … Continue reading

Mitigation In Personal Injury Claims

Posted on by Taylor & Blair LLP Posted in Personal Injury, Mitigation

Words matter more in the legal context than they do in most aspects of your average person’s day-to-day life.  Sometimes words in a legal context can mean the same thing they do colloquially.  In some instances, words can have different meanings in different areas of law.  One such word is: mitigation.

What Is Mitigation?

The dictionary definition of mitigation is, “the act of reducing the severity, seriousness or painfulness of something”.  In a personal injury lawsuit mitigation is when a Plaintiff (the person making the claim for injury) takes reasonable steps to minimize their losses due to the injury they have suffered and the damages flowing from that.  For instance, if someone is off work for a period due to an injury and then is able and medically cleared to return to work but fails to do so then they have failed to mitigate their wage loss.

One area with … Continue reading

Occupier’s Liability & Slip and Fall Accidents

Posted on by Taylor & Blair LLP Posted in Slip and Fall Accidents, Occupier's Liability

An occupier of a property or premises in British Columbia owes a duty to take care that in all circumstances people will be reasonably safe in using that property or premises.  If an occupier fails to live up to their duty of care they can be liable for injury pursuant to the Occupier’s Liability Act [RSBC] 1996 Chapter 337.

Injuries that Occur on a Premises

There are many ways to be injured on a premises, which just means a property.  The most classic form of occupier’s liability is what is known as a slip and fall where an individual slips and falls on a premises injuring themselves due to the unsafe nature of the premises or the negligence of the occupier of the premises or their employees, such as failing to salt an icy/snowy surface or allowing a wet/slippery spill to remain on the floor.  That being said, there … Continue reading