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You’ve been injured in a motor vehicle accident, it is a few months down the road, you’ve been in touch with ICBC and they are willing to compensate you for the injuries and damages you have sustained…….the next question for many people then becomes “Do I really need a lawyer to help with this process?”
The answer I give clients might sound like a typical lawyer answer and that is “it depends.” It depends on a multitude of factors.
First, it depends on the nature and duration of your injuries. If you sustained only minor injuries, missed only a very short time at work (or none at all) and your injuries have subsided in a matter of a few weeks, then you may be in a position where your claim is more straightforward and you may not need a lawyer.
However, if you have had prolonged injuries, missed more than a couple days of work and might require future care or benefits, then you may want a lawyer to assist you in valuing and obtaining the appropriate compensation for your claim. These are not the only factors to consider and you still may need to obtain the assistance of a lawyer, even if some of these factors do not apply to you.
Secondly, is liability an issue in your case? Or in other words, is it clear who caused the accident? If it is unclear who caused the accident or who is legally at fault, then you may need a lawyer to assist you proving that it was another driver’s negligence that caused the accident and your injuries.
Thirdly, do you have a pre-existing injury or are there other complicating factors? If you do then the insurance company may try to argue that your injuries were not as a result of the accident, but rather due to your pre-existing condition. If this is the case, you should consult with a lawyer to help you determine whether those pre-existing claims are going to be a valid issue in your claim and what impact they may have.
Fourth, are there jurisdictional or other complicating factors in your case? Was the other driver from a different province? Were you injured in an accident outside of British Columbia? Is there a minor involved? You may want to discuss you claim with a lawyer as there may be jurisdictional nuances that need to be considered.
Finally, you may be stressed and lacking the necessary time to deal with the ongoing requests from ICBC (or whatever insurance company is involved. This is often one of the major reasons my clients ended up coming into my office – the process became too complicated, too stress or too time consuming to deal with on their own.
Many of my clients describe being exhausted not only from dealing with their injury and the stress of missing work or not being able to do the things they enjoy but also from dealing with the insurance company who is working against you to resolve the matter. If this is the case, you may want to talk to a lawyer as once you retain a lawyer, the insurance company will have to go through them directly and you will no longer have that burden.
Greg Pratch is a lawyer and partner with Pushor Mitchell LLP. He practices in civil litigation with a particular focus of personal injury matters and employment law. In his personal injury practice, he has helped individuals injured in both BC and Alberta recover compensation for all types of injuries including whiplash, soft tissue injuries, chronic pain, broken bones, spinal injuries and brain injuries. In his employment law practice, Greg advises both employers and employees on all matters relating to employment, including wrongful dismissal, human rights issues and employment standards legislation. Greg also advises clients on general commercial disputes and tax disputes with the Canada Revenue Agency. Be sure to connect with Greg Pratch on Twitter @OkanaganLawyer.
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