Personal injury plaintiffs – stay off Facebook, Twitter, MySpace and other social networking sites.

Being in a car accident is news – bad news, but news nonetheless.  However, as the personal injury lawyers at Taylor & Blair caution it’s not news that should be shared on social media. The lawyers at LawOne member firm Taylor & Blair caution:

It is imperative to your claim that you do not post or have others post photos of you that could be wrongly interpreted on the internet or any social networking sites, such as Facebook, Twitter or MySpace.  ICBC has been known to pursue information and photos of personal injury claimants on these sites and to use it to the detriment of personal injury claimants.

Graham Taylor and Kevin Blair are quick to point clients to a recent article in The Canadian Press reviewing cases out of the Newfoundland and Ontario courts where personal injury claims were reduced or potentially jeopardized because evidence contradicting the extent and impact of injuries alleged by the plaintiffs was found on social networking sites like Facebook.

In the Newfoundland case the plaintiff, Dennis Terry, was claiming $1.3 million for his injuries.  However, after reviewing the plaintiff’s Facebook profile the judge reduced the claim to $40,000 for general damages and suffering because the profile content did not support the plaintiff’s claims.

Read the full judgement in Terry v. Mullawney & Terry v. Sinclair.

In the second situation, Ontario Superior Court Justice David Brown ruled that the defence was entitled to cross examine a plaintiff on the content of his postings on Facebook including content that was shielded by privacy controls and therefore not publicly available.  The judge rejected the plaintiff’s argument that Facebook privacy controls should operate to prevent the defendant’s lawyer accessing information in aid of his client’s case.  Instead the judge found that because the primary purpose of social networking sites (like Facebook) is to enable people to share information about their lives that this information may well be relevant to discrediting a plaintiff’s claims about their injuries and therefore was potentially relevant to ensuring a fair trial.  The court ruled that it was unfair to deny the defendant access to the material.

So, just because you have limited access to your profile on a social media platform or social networking site DO NOT assume that it will protect information displayed or transmitted through those sites from a court order.  The best policy is to let your lawyer handle any photos or other evidence regarding the nature of your injuries.

Need a lawyer to help you with your ICBC claim or have questions about your personal injury case?  Contact the lawyers at Taylor & Blair.

From time to time we get calls from women seeking help because they fear for their personal safety and/or the safety of their children.  In situations where violence has or continues to occur the first step is to get out.  If that means calling 911 for help or escaping to a womens shelter than that is what you do. You cannot resolve your problems or protect your children if you stay in an abusive (dangerous) environment.

What if you have no where to go?

Some women stay because they feel they have no where else to go.

Rather than deciding to tough it out (the statistics on death at the hands of a spouse or partner show this is not a good idea), if you are in an abusive relationship and need to get out you have options.  Shelternet is one.  As their website explains, Shelternet

was created to provide reliable and up-to-date information for abused women, their family, friends, and colleagues in Canada. Please browse the website or take a look through our special sections on topics such as understanding abuse, find a shelter, or abuse and children.

There is information on the Shelternet site designed for the specific needs of teens, children, family + friend (support information).

To access Shelternet in:  French, Spanish, Polish, Vietanamese, Chinese, Arabic, Farsi and Punjabi go to Shelternet Translations.

Alternatively you can contact the Transition House closest to where you live. The number one priority is your personal safety and that of your children.  You can consider your options after you are in safe place.

A Transition House provides:

• a safe place for you and your children
• food and other necessities
• temporary shelter
• support in getting financial, medical or legal help
• emotional help and counselling

The Legal Services Society Family Law Website also has information on dealing with abuse.

Some things you can do if the police won’t do anything

In some cases you may have already reported the matter to the police and have been told there is insufficient evidence to take any action against the person making the threats.  Obviously, if you are being threatened with violence, stalked or you are fearful because you are being harassed this is both extremely frightening and frustrating.

However, there are some steps you can take to empower and protect yourself.  The following list with links provides some ideas to get you started:

Suggestions and strategies to increase your safety if you feel intimidated, threatened or you think you are being stalked

Need protection from someone who has physically abused you or is threatening to do so?  Review detailed info on peace bonds, restraining orders and no contact orders or you can read the LSS Fact sheet (which is also translated) here Fact Sheet.

Further information and resources dealing with family situations, safety, abuse and help to stop family violence can be accessed through the Clicklaw web portal.

Occasionally we get calls from people seeking a certificate of apostille or apostille stamp for a notarized document.  An apostille certificate verifies that the person who notarizes a document is a qualified notary and licensed to practice in the jurisdiction in question.  Usually, this kind of request comes from a lawyer, notary or government official in a foreign country who requires a document that will be used in that country for some legal purpose.

Unfortunately, the apostille system only applies in countries where the government has signed The Hague Apostille Convention Abolishing the Requirement of Legalization for Foreign Public Documents (1961). The United States is a signatory and the State Department – Bureau of Consular Affairs provides some further definitions of the functions of an apostille and where to get more information on signatories to the convention.

BUT – Canada is not a signatory.  Therefore, there is no apostille system in Canada.  Instead we have an equivalent process called “legalization and authentication” which normally means that the notarized document must be sent to the relevant Law Society or Society of Notaries where the governing body then verifies the signature of the lawyer or notary (as the case may be). An additional step is usually necessary where the consulate of the foreign country then also verifies the approval of the law society or notaries society, sometimes in conjunction with a Canadian government office.

It is very important to check with the embassy or consulate of the foreign country where you intend to use the document to determine what rules must be followed for the document to be accepted as proper documentation in that particular country. The rules do vary from country to country.  Therefore, it is prudent to call the person requesting the apostille, tell them that the process is not available in Canada because Canada is not a signatory to The Hague Apostille Convention and ask what they accept as an alternative. Sometimes they will require a regular notary stamp, then a certificate from the Notaries Society or Law Society that authenticates the notary/lawyer, then sometimes also a certificate from the relevant consulate authenticating all the previous documents.

There are services that will handle the legalization and authentication process for you.  Because it can be a complicated process you may wish to consider paying the fees and saving yourself the time and brain cells trying to figure out what to do.  A quick Google search reveals a number of services set up to help people with obtaining the equivalent of a certificate of apostille.  These businesses include:

Ottawa based Enterprise Legal which describes the process in greater detail along with the fees they charge for various services.

Document Services (Toronto) which has a convenient list of apostille countries along with information about the steps, costs and processing times.

Red Seal Notaries (with walk-in locations in Toronto, Mississauga, North York, Ottawa…and Vancouver!).  The Red Seal Website also has a list of Canadian locations for many embassies and consulates.

Another option, for those seeking a certificate of apostille for use in the State of Nevada (at least with respect to claiming a refund on taxes levied on casino winnings), is to use a local notary to handle the issue.  We thank a caller who persevered and emailed to tell us that this seemed to be the easiest approach under the circumstances – since she confirmed receipt of her tax refund, it appears to have worked.

Car accidents are traumatic enough but add the anxiety caused by not knowing how an ICBC claim proceeds or how to protect your rights and it can feel overwhelming.  RDM Lawyers, is a well established full service law firm located in downtown Abbotsford with a busy personal injury practice.  They know first hand that advice from an experienced personal injury lawyer is one easy way to protect your rights and ensure you get fair and reasonable compensation for your injuries.  What follows are some of their answers to frequently asked questions about British Columbia personal inury claims as well as some some specific information about why getting a lawyer to help you with your ICBC injury claim is in your best interests. You can get more information about ICBC injury claims by visiting  www.personalinjurysettlement.ca – RDM’s personal injury law website.

When to contact a lawyer?

You have 90 days from the date of the accident to file a claim with ICBC.  It’s best to speak to a lawyer before you talk to ICBC. But, don’t panic if you have already reported the accident, talked to an ICBC adjuster or even signed documents.  It’s not too late.  You can have a lawyer review your case at any time during the process and if need be they can take steps to make sure you are treated fairly.  Once you have a lawyer they can take over the claims process which means they will deal with ICBC for you.  This includes making sure your claim is filed in time to meet any time limits that affect your entitlement to compensation, sorting out what benefits you are entitled to, preparing medical reports and compensation proposals for presentation to ICBC, conducting settlement negotiations and arranging for payout of benefits to you.

How do you find a personal injury (or ICBC lawyer) in Abbotsford, Chilliwack, Langley, Hope or elsewhere in the Fraser Valley?

Many people have no experience with lawyers or think they can’t afford legal advice.  If you have a lawyer for other matters (like your business, buying or selling your home or estate planning) you can ask that lawyer for a referral to a personal injury lawyer. Or, use your business and personal network to get the names of lawyers or law firms to call. If that doesn’t work, try a Google search using the phrase “personal injury lawyer” or “ICBC lawyer” along with your geographic location e.g. “personal injury lawyer Abbotsford.”  This will pull up search results for law firms who advertise on the internet.

If money is a concern (and it often is if you’ve been injured and can’t work), many personal injury lawyers offer free initial case consultations and contingency fee arrangements.  A contingency fee arrangement means that your lawyer will take your case and accept payment only after a settlement has been reached.  Contingency fees are typically based on a percentage of the settlement you receive from ICBC.  Your lawyer should explain how this will work but you should not hesitate to ask specific questions about what legal fees and other costs you will need to pay.  Other costs can include administrative fees to file a lawsuit, the cost of expert medical reports, courier charges and other costs associated with running your file.

What compensation can you claim for your injuries?

There are two types of compensation available if you’ve been inured in a car accident. The first are Accident Benefits (also called “no fault” or Part 7 benefits) which are available to anyone involved in the accident regardless of whether they are at fault.  ICBC Accident Benefits cover:

• medical care
• rehabilitation
• wage loss compensation
• homemaker benefits
• death benefits, and
• funeral benefits.

If you have permanent injuries, Accident Benefits also pays for costs such as:

• attendant care,
• specialized aids and
• vocational training, depending on your injuries.

The second are Settlement Benefits (also called damages or a tort claim) which are available to people who are injured and were not at fault, or only partly at fault, for the accident. The tort claim addresses compensation for pain and suffering, out of pocket expenses, past wage loss, future wage loss due to permanent or partial disability, future costs of rehabilitative care and other losses not covered by Part 7 accident benefits.  The compensation available under a tort or damages claim is more comprehensive and extensive than compensation available under an Accident Benefits claim.

What a personal injury lawyer will do for you.

Lawyers understand the legal principles that affect your case and will make sure you meet all the procedural requirements as well as making sure that all the relevant evidence is collected and presented properly. Your lawyer will:

• Review your version of the accident and file all necessary paperwork to preserve your right to insurance benefits.
• Assess whether fault is an issue and how it affects your right to compensation.
• Get your permission to collect medical and employment information relevant to your claim and explain what compensation is available to you.
• Enlist your primary doctor and any specialists involved in your treatment and recovery plan to prepare a narrative medical report on your injuries including the diagnosis and prognosis for recovery.
• When your doctor confirms you have recovered or reached a stage where no further progress is likely, prepare a settlement proposal for presentation to ICBC including all relevant evidence and outlining your position on fair and acceptable compensation for your injuries.

Depending on the nature of your injuries it can take a significant amount of time to determine the extent and severity of your injuries.  Your right to start a lawsuit is governed by strict time limits which may end up being shorter than the time you need to recover.  So, to preserve your rights, while you are recovering your lawyer may:

• Start a lawsuit that names the other driver and any other parties at fault and serve notice of the lawsuit on ICBC who will appoint a lawyer to deal with your file.
• Set a trial date and arrange for examinations for discovery where your lawyer and ICBC’s lawyer exchange documents relating to the accident and you (accompanied by your lawyer) provide evidence to ICBC’s lawyer in front of a court reporter. ICBC’s lawyer is entitled to ask you about the accident, medical information including diagnosis, treatment and prognosis and about the impact your injuries have had on your life.  ICBC does this to assess the claim and advise your adjuster about what they think the claim is worth and to confirm your version of events.
• Your lawyer will evaluate settlement offers from ICBC and advise you whether it’s acceptable or whether a counter offer is appropriate.
• If you make a decision to accept ICBC’s offer your lawyer will finalize a settlement agreement and arrangement for you to receive the compensation agreed.  Or they will counteroffer and proceed to negotiate with ICBC until either an agreement is reached or it becomes clear the matter will have to go trial for resolution.

Most ICBC injury claims do not go to court.  Because 9 out of 10 cases are resolved through negotiation it is critical to make sure that all evidence relevant to the accident and its aftermath has been collected, evaluated, and quantified for use in any settlement negotiations, offers and counter offers.  This is where a lawyer is invaluable.  Lawyers are trained to evaluate and negotiate, they know how to present medical and economic loss information in a way that ICBC will understand, they have the ability to assess ICBC offers and advise you when it’s in your best interests to counter offer or take a case forward to court, and where necessary they can represent you in court.

Need more information or help with your ICBC injury claim?

Contact the Fraser Valley’s own…the personal injury lawyers at Robertson, Downe & Mullally (www.rdmlawyers.com) located in the heart of downtown Abbotsford and serving communities located throughout the Fraser Valley including:  Chilliwack, Hope, Langley, Maple Ridge, Matsqui, and Sumas.

As part of LawOne’s goal to connect the public with the lawyers who can help with a particular legal issue we are launching this blog to provide tips on finding the right legal professional for you, how you can help your lawyer (and yourself), and some answers to frequently asked questions.  We also wanted to create a place where our members can tell the public about their firms and what they do.  In the coming months we will start by covering the most frequently asked questions we get when taking calls from the LawOne referral line.

If you do connect with one of our members please tell them you found them through LawOne.  This allows us to keep the service free for the public.