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INJURYwise  

Expert medical evidence

Apr 18, 2016 / 4:00 pm
Travel for the injured is rarely a fun experience. Airports, planes, taxi cabs, and trains are not geared towards disability. So as I sit in the Vancouver airport waiting for my flight home, I think about my personal injury clients that I send to larger centres like Vancouver or Calgary so they...

Want to be a lawyer?

Mar 21, 2016 / 7:54 pm
Unlike some of my colleagues, I had no specific childhood aspirations of becoming a lawyer. I did not daydream of winning arguments in court, or putting the bad guy behind bars. I did not obsess over television shows or movies involving the law. In my family, it was simply expected that upon...

ICBC anti-fraud campaign

Feb 14, 2016 / 8:45 pm
ICBC recently launched its anti-fraud campaign, and needless to say, I am less than impressed. At first I thought it was just a simple news article, but then I heard the radio ads. They call it the ICBC Hall of Shame, and the first example listed is a man who says he can’t help his wife do...

Should I sue?

Jan 18, 2016 / 12:22 pm
Where injury or death is caused by a wrongful act (i.e. car accident, fall, assault, defective consumer product, or negligent medical treatment or care received) you may find yourself asking the question, “Should I sue?” In cases involving catastrophic injury or the death of a...

Concussion

Dec 21, 2015 / 6:00 am
A concussion is a brain injury. Something misunderstood by many, but with the release of the new movie, Concussion, on December 25, 2015, starring Will Smith, Alec Baldwin, Luke Wilson and many others (see: Concussion – Official Trailer), a very important topic in my profession is about to...

Trial required?

Nov 16, 2015 / 6:00 am
“Do I have to go to trial?” It’s a good question, and having recently finished a nine day personal injury trial, it seems an appropriate topic for my next column. The short answer is ‘no’, but sometimes it’s worth it to go the distance. There is a...

The chronic pain effect

Oct 19, 2015 / 5:00 am
I observe her despair as she recounts all the changes that have occurred in her life since her accident. She is no longer the strong, independent, patient woman she once was. She is no longer able to care for her two children the way she used to. She can no longer do her job, and she can’t...


5 Claim misconceptions

Jul 16, 2015 / 5:00 am
If you have been hurt in an accident or as a result of medical negligence you will likely look to your friends and family for some advice on how to deal with the situation. These are the people you trust and it makes sense that you will look to them for help. Family and friends usually have your...

Before you sign...

Jun 4, 2015 / 5:00 am
How many simple documents or forms do you sign each year without reading? When you sign, do you know what rights you are giving up? One of the most common myths about the law is that signing a document means nothing. But nothing could be further from the truth. Sometimes I hear people say, “I...

Not the lawsuit type

May 1, 2015 / 5:00 am
If I asked you whether you were the lawsuit type, chances are that your answer would be a resounding “NO”. Most people cringe at the thought of being involved in a lawsuit and if you don’t you are either a lawyer, judge or you have a different take on the world than...

Medical confidential?

Mar 26, 2015 / 5:00 am
If ICBC asks your doctor for your information you may wonder: Can ICBC ask my doctor for my medical information? Can ICBC request a medical report from my doctor without my consent? What is ICBC entitled to know? If you are like most people, you consider your medical information to be private and...

It's OK to say 'I'm sorry'

Feb 25, 2015 / 5:00 am
Stand-up comedians and sitcoms have been making fun of Canadians for being polite as long as I can remember. Being known for our niceness is certainly not a bad thing and I wish more Canadian businesses would adopt this philosophy when people get hurt on their premises. As a lawyer practicing in...

What do I pay ICBC for anyway?

Jan 21, 2015 / 5:00 am
If you have had ongoing dealings with ICBC as a result of a car accident than you have likely had the pleasure of dealing with at least two sides of ICBC. Initially the relationship starts off pleasant but as the relationship continues the lines of communication and mutual understanding fade. Now,...

Working under the table

Dec 17, 2014 / 5:00 am
They say there are only two things that are certain in life: death and taxes. Not exactly an uplifting thought, but true nonetheless. Some people try to avoid paying tax by “working under the table,” also referred to as “moonlighting” or working “off the books”...

Is this a fair offer from ICBC?

Sep 21, 2014 / 5:00 am
“Is this a fair offer from ICBC?”…. “How much should I settle for?”… “What is my claim worth?” These are just some of the questions I regularly get asked. If I could create an app that would answer these questions, many personal injury lawyers would...

Cost of an Injury Lawyer

Aug 20, 2014 / 5:00 am
Let’s face it; nobody wants to pay for legal services if they do not have to, but if you have been injured in an accident you may have thought about hiring a lawyer to help you navigate your claim. If you have not hired a lawyer, one of the reasons might be that you think that lawyers are...

Why I practice Personal Injury Law

Apr 3, 2014 / 5:00 am
There is no shortage of news stories, novels, television series or movies portraying what the media believe lawyers (or “attorneys” if you want the US lingo) do for a living. While the media often depicts lawyers in a bad light, fortunately some portrayals are not only positive but also...

Do I have an ICBC claim?

Feb 21, 2014 / 5:00 am
I will often get calls or emails from people wondering “do I have an ICBC claim?” In most cases, these people actually do have an ICBC claim. What often surprises me is how often ICBC tells you that you that you do not have a claim, when you actually do (or at least that is what the...

Proving damages in an injury claim

Dec 7, 2013 / 5:00 am
This column is the last of three, for how to prove your personal injury claim. It is the piece de resistance of the trilogy, the Chuck Norris piece – the final say! As mentioned in the first two columns, there are three things you need in order to prove your injury claim: 1) Liability; 2)...

Proving causation in an injury claim

Nov 5, 2013 / 5:00 am
This column is the second of three, for how to prove your personal injury claim. I like to think of these columns as an epic PI trilogy – the likes of the epic sci-fi trilogy: Star Wars, only this trilogy is for fighting the insurance empire. As mentioned in the first column, there are three...

Proving liability in an injury claim

Sep 30, 2013 / 5:00 am
This column is the first of three for how to prove your personal injury claim and while this trilogy doesn’t contain the excitement of hobbits, elves or a ring for taking over middle-earth (some Lord of the Rings excitement for you J.R.R. Tolkien fans), the information might be considered...

When should I settle with ICBC?

Jun 3, 2013 / 5:00 am
“When should I settle with ICBC?” Now, this is a question I get asked a lot and it is often followed by the million dollar question, “How much should I settle for?” This second question however, I will save for another day. Lawyer or no lawyer, you should almost never...

Minor accident - minor injury?

May 4, 2013 / 5:00 am
If you imagine being in a minor car accident you probably don’t think about getting injured. Accidents happen all the time and the good news is that in most minor accidents, people don’t get injured. However, sometimes even small collisions do cause injury. If you sustain a serious...

ICBC says I don't need a lawyer

Mar 3, 2013 / 5:00 am
So ICBC has said: "you don’t need a lawyer" to help you with your personal injury claim. Initially it’s not a hard sell for ICBC, is it? Society has done a pretty good job of grooming you to not trust lawyers. In fact, if you Google “lawyer jokes” you will get over...

ICBC ought to include a warning

Feb 3, 2013 / 5:00 am
I have represented several clients involved in hit and run cases and in each case I have been routinely disappointed at what I perceive to be an unfair approach taken by ICBC. As it turns out, I’m not the only one that thinks their approach is unfair. In a 2012 decision called Springer v....

Run over by a reindeer

Dec 22, 2012 / 5:00 am
All signs this month indicated I needed to write about deer. First, there’s a funny story out of North Dakota where a woman called into a radio station and wanted to know why the government was posting signs encouraging deer to cross the interstate. Seriously? I’m really hoping this was...

The skeleton in your closet

Oct 5, 2012 / 5:00 am
Unless you grew-up in a bubble, chances are you have done a few things in your life that you aren’t jumping at the chance to post as your latest Facebook status. Sometimes these things are minor embarrassments (perhaps what happened in Vegas didn’t stay in Vegas) but in other cases they...

The good lawsuit

Aug 1, 2012 / 5:00 am
Would the world be a better place without lawsuits? Your initial thought is probably, “YES!” The words “good” and “lawsuit” do not go hand in hand, or so it seems. However, contrary to popular belief there are many benefits to lawsuits, besides making great...

CYA for hosting BYOB

Jun 28, 2012 / 5:00 am
You have just finished the big game and it’s time to sit back, relax and share some post-game highlights. You pull-up a chair next to Big Foot and grab a cold one out of the cooler (okay, minus the Big Foot/Sasquatch from the Kokanee commercials, but you get the picture). If you have played...

Is it medical malpractice?

May 25, 2012 / 5:00 am
There I was, sitting on the operating table with my legs hanging over the side and my back curved to open up my spine, just as instructed by the anesthesiologist. I was excited and nervous as I was getting ready to give birth to my son by C-section. The obstetrician held my hand and proceeded to...

Value of 'real housewives'

Mar 30, 2012 / 5:00 am
If you are a housewife or homemaker chances are that you are not living the extravagant lifestyle of the “Real Housewives” as depicted in the new television series, the Real Housewives of Vancouver (debuts on April 4, 2012). More than likely your family depends on you for tasks, such as...

Is ICBC watching me?

Feb 24, 2012 / 5:00 am
ICBC has recently demonstrated that biometrics is no longer just for Hollywood types like James Bond or Mission Impossible’s, Ethan Hunt. On February 16, 2012, the Office of the Information and Privacy Commissioner for British Columbia issued a 42 page report and press release regarding...

Court quashes ICBC policy

Jan 20, 2012 / 5:00 am
ICBC was recently taken to task on one of its more commonly cited accident benefit policies, which is: “ICBC is not required to pay for massage therapy.” Not true, said the BC Court of Appeal on November 29, 2011 in a case called Raguin v. Insurance Corporation of British Columbia. In...

Too late to sue?

Nov 1, 2011 / 5:00 am
Our lives are inundated with deadlines and time limits. Some time limits make events more exciting, such as the game show Minute to Win It where contestants have a minute to do silly tasks like balance six dice on a Popsicle stick held in their mouth. However more often than not,...

Waiver Forms - what are they?

Aug 27, 2011 / 5:00 am
As a personal injury lawyer, it may come as no surprise that my friends and family joke about whether they need to sign a waiver form before entering my home. For those of you who are thinking, “Does she actually make them sign a waiver?” the answer of course is “no”,...

Are you covered?

Jul 1, 2011 / 5:00 am
School’s out for summer, and that only means one thing: summer vacation! Many of us get caught up in the excitement of planning our vacation, including details like where to go, what activities to do, who we’ll see, etc., and let’s face it, when you are getting ready to go on...

Facts your adjuster won't reveal

May 14, 2011 / 5:00 am
If you are injured in an accident, one of the first people you will have to deal with is your friendly neighbourhood insurance adjuster (insert “It’s a Beautiful Day in Your Neighborhood” background music here). However, no matter how friendly they appear, you need to...

What is your cycle savvy?

Apr 2, 2011 / 5:00 am
With the warm weather upon us, the cyclists are starting to come out in full force. If you are like most people when you drive, you feel like you have to be psychic to figure out where the cyclists are coming from and going to and you get frustrated with cyclists who don’t seem to...

Bully for hire?

Feb 23, 2011 / 7:00 am
One of my favorite movies of all time, the Karate Kid, provides a classic example of bullying. Daniel Larusso (played by Ralph Macchio) moves to a new community where he gets repeatedly bullied by a school mate, Johnny Lawrence (played by Willam Zabka). Fortunately for Daniel, his apartment...

Smart phones - dumb drivers

Jan 10, 2011 / 5:00 am
There are many great applications you can download for your cell phone these days but unfortunately, common sense is not one of them. Almost everyday in my travels I see people talking and texting on their phones while driving. The behavior is so common in fact that you might never know that it...
About the Author

Keri Grenier is an experienced personal injury lawyer based at Murphy Battista LLP's Kelowna office. She also holds a B.A. in psychology. Her practice focuses on helping people who have been injured in motor vehicle accidents or due to the negligence of others.

In her column, Keri provides practical information about personal injury claims in a format that is simple and easy to understand.

Email: [email protected]

Website: http://www.murphybattista.com
 

Twitter:  http://twitter.com/KelownaLawyer



The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.


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