The Concept of Reasonable Foreseeability

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

Reasonable Foreseeability is an important concept in personal injury law cases when it comes to establishing liability. A basic tenant of personal injury law is that a person or entity (for example a business) can be held liable for injuries caused by their action (or inaction) if it was foreseeable that those actions (or inaction) could lead to such an injury. The important question to ask is would a reasonable person in the same situation have anticipated that the conduct of the person or entity could have resulted in harm to others. The concept of reasonable foreseeability is a key element in negligence claims where legislation does not dictate fault (for example, in motor vehicle claims where there is legislation that specifically states what motorists can and can’t do in certain circumstances).

The Legal Framework in British Columbia

In British Columbia, in the elements required to successfully bring a personal … Continue reading

Loss of Homemaking Capacity Claims in Personal Injury Cases

Posted on by Ben Tarnow Posted in Personal Injury ClaimsTagged ,

Most people are not aware that in personal injury claims in British Columbia that the loss of homemaking capacity is a compensable damage.

The concept of loss of homemaking capacity refers to the diminished ability of an individual to perform household duties and responsibilities due to injuries sustained in an accident that they otherwise could.

What is Loss of Homemaking Capacity?

Loss of homemaking capacity encompasses the inability to perform household tasks that an individual previously managed independently. This can include activities such as cleaning, cooking, grocery shopping, childcare, and maintaining the overall household environment. Injuries that can result in an award for damages for loss of homemaking capacity are not limited to injuries with physical limitations; psychological injuries that impact your emotional well-being and the overall quality of life can also result in awards for a lost or diminished homemaking capacity.

Establishing a Loss of Homemaking Capacity

Evidence is … Continue reading

Top Reasons Life Insurance Claims Are Denied

Posted on by David Goldberg Posted in Insurance DenialTagged ,

Life insurance is something that provides peace of mind to policyholders and their beneficiaries in case the worst happens. Unfortunately, when the time comes to file a claim for life insurance benefits, many people are surprised to find that their claims can be denied. In British Columbia, as in other regions, there are several common reasons lead to the denial of life insurance claims. Understanding these reasons can help policyholders ensure that their claims are processed smoothly, and recognize when there has been a wrongful denial of life insurance benefits that they should challenge with the assistance of an experienced life insurance denial lawyer.

Material Misrepresentation or Non-Disclosure

One of the most common reasons for life insurance claims to be denied is misrepresentation or non-disclosure of material information during the application process. Applicants are required to provide accurate and complete information about their health history, lifestyle choices, and any … Continue reading

The Importance of Family Doctors in Personal Injury Claims

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

When dealing with the complexities of personal injury claim, the role of a family doctor cannot be overstated. Family doctors are the primary care providers for those lucky enough to have them and they are essential not only for medical care, but also as key players in the legal process that follows an injury. Their insights, documentation, and ongoing care can significantly influence the outcome of a personal injury case.

Understanding the Role of Family Doctors

Personal injury claims can come from almost any type of activity, slips and falls, animal attacks, negligent property owners, or sporting and recreational injuries. In these situations, a family doctor not only treats the injuries but also plays a pivotal role in documenting the patient’s condition. This documentation is vital for establishing the severity of the injury and its impact on the patient’s life, which is a key component of any … Continue reading

What is Hearsay Evidence?

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

Hearsay evidence is a fundamental concept in Canadian law of evidence. Hearsay evidence is defined as an out-of-court statement offered to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible in court due to concerns about its reliability.

The law surrounding hearsay evidence is of significant importance to criminal law and civil law (such as personal injury, employment or denied long-term disability claims).

The Basics Rules of Hearsay

The hearsay rule is grounded in the principles of fairness and reliability. The rationale against the admissibility of hearsay evidence is that a statement made outside of court does not afford the opportunity for cross-examination on that evidence, which is considered a vital tool for assessing the credibility of evidence in the Canadian court system. The Courts of the various provinces of Canada, all the way up to the Supreme Court of Canada, have consistently affirmed that admitting … Continue reading