Gertsoyg & Company

Car Accidents

Car Crash? Compensation For Depression

If you’ve been hurt in a car accident and it’s at least partly someone else’s fault, you’re probably entitled to get compensation from the other driver (who usually has some ICBC liability insurance coverage). The aim of such compensation is to put you in the same, but no better, position you would have been in if the accident hadn’t occurred. If you’re partly at fault, your compensation will be reduced accordingly. …

Hurt In a Car Crash While Working? WCB or ICBC Claims?

Say you, a delivery truck driver, were injured in a rear-end accident while working. You’re covered by WorkSafeBC, and the driver at fault in the accident has ICBC liability insurance. Should you look to WorkSafeBC for recovery, or are you better off seeking compensation from ICBC? That depends. But first, be aware that you may not have a choice. …

Psychological Trauma After a Car Crash

You’ve heard about soldiers returning from war zones with post-traumatic stress disorder (PTSD). But traumatic events much closer to home can also have serious psychological consequences and leave deep emotional scarring. …

Compensation For Delayed University Graduation

If you're hurt in a car crash which delays your graduation from university because you can’t study full-time, you could be entitled to money compensation, i.e., damages. Take the recent case of Amy, a 17-year old Grade 12 student (name changed to protect her). …

Injured In a Car Accident? ICBC and You

It happens when you least expect it. One moment you're driving the kids to soccer or going to work, and the next, somebody smashes into you from behind. If you're lucky, you escape a little shaken up. If not, you suffer a whiplash injury – or worse – resulting in hospitalization, lingering pain, lost paycheques and countless visits to the physiotherapist. Quite understandably, you want someone to compensate you for your "damages." …

Using Your Cell Phone to Prove Accident Liability

Cell phones are great gadgets. Now, as well as being useful for talking (but not while driving!) and taking pictures, a cell phone can also be a useful tool at the scene of a car accident. It may even turn out to be decisive in the all-too-common situation where a court is faced with the “he said, she said” scenario of two warring parties offering contradictory stories of what happened. …

How ICBC Assesses Whiplash “Pain and Suffering”

Crash! Somebody hits you from behind. Your head jerks back and you get a whiplash. You develop pain – strong pain – and hard-to-pin-down soft tissue injuries in your neck and back which bother you for a long time after. Among other things, you're entitled to be compensated for your “pain, suffering and loss of life enjoyment.” So you submit a claim to ICBC and the adjuster offers you $6,500 for your pain and suffering. She says, “It’s the most you'll get for this.” …

Compensating Subjective Pain

Car accidents often result in obvious physical injuries – for example, broken limbs caused by the sudden impact. The law is clear that you can recover damages from the person at fault, including compensation for pain and suffering. …

Negligent Bars Face Liability For Car Accidents

Bars, pubs and other enterprises that make money serving alcohol must try hard to prevent predictable injury. If they don’t, a court may order them to pay big dollars to an injured victim. …

Court Awards Damages For Diminished Earning Capacity, Even Though Earnings Don’t Go Down

If you’re injured in a car crash, caused by the fault of another, you could suffer many losses. One loss may be work-related – you may be forced to find an easier but lower-paying job and be unable to earn as much income as before the accident. Lawyers call this loss “diminished earning capacity.” It’s often part of a compensation claim by personal injury plaintiffs. …

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