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Achieving-Justice

COVID-19 and ICBC

The pandemic presents a number of interesting legal issues

China has been sued in a class action lawsuit out of Nevada alleging the Chinese government caused the outbreak of COVID-19 and for failing to act appropriately to contain it. The “Class Action Complaint” can be found at this link.

Another class action alleges that Purell hand sanitizer was falsely marketed as being able to prevent disease and reduce illness. That “Class Action Complaint” can be found at this link.

There is also an abundance of COVID-19 related legal issues much closer to home. I will be writing a short series about how COVID-19 might impact a personal injury claim.

One potential impact has to do with the temporary shutdown in hands-on care. Physiotherapists, chiropractors, massage therapists and other hands-on practitioners have shut their offices.

A delay or interruption of care can have long-term impacts on recovery. I’ve just finished a column series about how ICBC can challenge your claim if you fail to diligently pursue and follow through with care.

How is your personal injury claim impacted if something totally unrelated to the crash — a pandemic — causes a worse outcome? 

  • Will you be compensated for that?  
  • Will a COVID-19 care delay or interruption allow ICBC to slither out of fairly compensating you?

And COVID-19 has slammed the brakes on our economy. Many business operations are drastically reduced or shut down entirely. Scads of employees are out of work.

  • How is your claim for income loss impacted by an intervening event like a pandemic? 
  • If you were disabled from work before the pandemic hit, does your claim for income loss continue even though you would have been laid off anyway? 
  • And does ICBC get credit for emergency financial relief? 

What if COVID-19 causes a lay-off, but it’s your crash injuries that disable you from finding alternate work?

And COVID-19 will take some lives.

What if an injured victim, pursuing compensation for their injuries and losses, dies because of a COVID-19 related death? 

  • Will their rights arising from the claim be passed on to the beneficiaries of their estate? 
  • Is it any different if they would have survived COVID-19 had their health not been compromised by crash injuries?

Do any of you have any other questions or concerns about how the COVID-19 pandemic might impact on your ICBC claim? 

Please e-mail me and I will either respond directly or address them in a column in this series.

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About the Author

Paul Hergott began practicing law in 1995, in a general litigation practice. Of the various areas of litigation, he became most drawn to, and passionate about, pursuing fair compensation for injured victims. This gradually became his exclusive area of practice.

In 2007, Paul opened Hergott Law, a boutique personal injury law firm in the Central Interior, serving personal injury clients from all over British Columbia. Paul’s practice is restricted to acting only for the injured victim, never for ICBC or for other insurance companies.

Paul became a weekly newspaper columnist in January of 2007, when his first column entitled “It’s not about screwing the Insurance Company” was published. 

Please feel free to email or call Paul (1.855.437.4688) with legal issues you might like him to write about in his column, or to offer your feedback about something he has written.

Email:   [email protected]
Firm website:  www.hlaw.ca
Achieving Justice Legal Blog:  http://www.hlaw.ca/category/all-columns/
One Crash is Too Many Road Safety Campaign: www.onecrashistoomany.com
Google Plus:  https://plus.google.com/+HlawCanada/posts
Facebook:  www.facebook.com/personalinjurylawfirm
Twitter:   twitter.com/Hergott_Law



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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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