Contributory Negligence in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury ClaimsTagged , ,

When you’re injured because someone else was careless, the starting point in British Columbia is that the at-fault party must compensate you for your losses. But BC law also recognizes that more than one person can share responsibility for an accident, including the injured person. This concept is called contributory negligence. It can reduce, but not eliminate, a plaintiff’s damages where their own conduct contributed to the injury.

What is Contributory Negligence?

In BC, the Negligence Act governs contributory negligence. If both the defendant and the plaintiff are at fault, the court must apportion liability between them based on what is fair and reasonable, considering each party’s degree of fault and the causal impact of their conduct. The result is a percentage split (e.g., 75/25 or 60/40). Your total damage is then reduced by your share of fault. For example, if the court assesses your losses at $100,000 but finds … Continue reading

Committeeships in British Columbia

Posted on by David Goldberg Posted in CommitteeshipTagged , , ,

In British Columbia, as in many other jurisdictions, committeeships play a crucial role in protecting the interests of individuals who are unable to make decisions for themselves due to incapacity. An incapacity can arise from advanced age, injury, or a medical condition that leads to a disability. Regardless of the cause, the legal framework surrounding committeeships is designed to protect vulnerable individuals and ensure that their affairs are managed with their best interests in mind.

What is a Committeeship?

A committeeship, also known as a guardianship or conservatorship in other jurisdictions, is a legal arrangement whereby a person or entity, like the Public Guardian & Trustee’s office, is appointed to make decisions on behalf of an individual who is incapable of managing their own affairs.

In British Columbia, the process of establishing a committeeship is governed by the Patients Property Act and the Adult Guardianship Act. These … Continue reading

Long-Term Disability Denial Resources for British Columbia

Posted on by Graham Taylor Posted in Insurance DenialTagged , , , ,

Millions in Canada rely on long-term disability (LTD) insurance to protect their income when life throws serious health challenges their way. But the unfortunate reality is that a significant amount of LTD claims are initially denied each year in Canada.

If you or someone you care about has received a letter rejecting their LTD application, it can feel overwhelming. Insurance carriers often deny claims, even legitimate ones, to protect their bottom line. The good news? You don’t have to face this fight alone.

Why Long-Term Disability Claims Get Denied

There can be any number of reasons an application for benefits under a long-term disability policy gets denied, however the most common reasons insurance companies refuse LTD claims include:

… Continue reading

Understanding Subrogation in Personal Injury Claims

Posted on by Ben Tarnow Posted in Insurance Denials

If you’ve been injured in an accident in British Columbia and received benefits through your long-term disability (LTD) policy or extended health coverage, you may be surprised to learn that your insurer could seek repayment for any amount paid out to you from your personal injury settlement. This legal process is known as subrogation.

What Is Subrogation?

Subrogation is a legal principle that allows an insurance company that has paid benefits to an insured person to recover the amount it paid from a third party who is responsible for the causing the loss.

In the personal injury context, this usually arises when a person is injured due to someone else’s negligence, for example in a slip-and-fall accident or from a dog attack, and that person receives benefits under an LTD policy, an extended health plan, or other group benefits. If the injured person later receives a settlement or judgment … Continue reading

Victoria Personal Injury Lawyers

Posted on by David Goldberg Posted in Personal InjuryTagged , ,

At Taylor & Blair LLP, we understand that a serious injury can disrupt every aspect of your life, including your health, your ability to work, and your peace of mind. If you’ve been injured in Victoria or anywhere on Vancouver Island, you deserve experienced legal representation without the hassle of travelling back and forth to meet your lawyer in person.

Although our firm is based in the Lower Mainland, we have helped countless clients throughout Victoria and southern Vancouver Island successfully resolve their personal injury claims. With secure remote intake, virtual meetings, and proven experience handling claims in the Victoria courts, we make it easy for you to access the legal support you need, no matter where you live.

We Handle All Types of Personal Injury Claims in Victoria

Taylor & Blair LLP has over 30 years of significant expertise in personal injury law. We represent clients in a wide … Continue reading