Other Injury Claims
Medical Malpractice and Medical Negligence
Medical professionals have an obligation to perform medical procedures and to provide care that is consistent with the standard of care recognized for their profession and speciality. I represent individuals who have suffered injuries due to the negligence of doctors, nurses and other health care providers. These are often very complex claims from both a medical perspective, as well as a legal perspective, requiring legal skill and understanding.
In medical negligence cases, doctors have liability insurance and they are represented by defence counsel appointed by the Canadian Medical Protective Association (CMPA). The CMPA has extensive resources to actively and aggressively deny claims.
Private Property Accidents (Slips, Trips and Falls) – Occupier’s Liability
Private property owners and tenants have a legal responsibility to keep their property reasonably safe for people who are on the property. If a person suffers an injury because the private property was unsafe or hazardous, a claim may be made against the private property owner or tenant under the Occupier’s Liability Act for compensation.
Sporting and Recreational Accidents
Sports have inherent risks. This is particularly true for contact sports, such as hockey and rugby. However, when an injury results from a deliberate intention to injure or from a player’s actions that are not deemed part of “normal play” or within the “expected risks of the game”, then an injured player may be entitled to compensation from the player responsible for their injuries.
Individuals who participate in recreational activities such as skiing, snowboarding, boating or ATVing are often required to sign a waiver. The fact that you signed a waiver may not always relieve someone else or the company organizing the activity or the event of the responsibility for taking reasonable steps to protect against known or unknown risks and hazards.
If a loved one has been killed in an accident, the Family Compensation Act allows a claim for compensation to be made against the individual who was negligent and caused the accident. There are limits on who may make a wrongful death claim.
The Family Compensation Act only permits these claims to be brought by a child, spouse or parent of the deceased. The claim is limited to “economic loss” such as loss of financial support, loss of services, loss of guidance and loss of inheritance.
If the death occurred as a result of a motor vehicle accident, ICBC is involved on behalf of the at fault driver in defending the claim. ICBC also offers death benefits in some circumstances.
Contact me for a free initial legal consultation to discuss the legal claim process and your options, as well as to learn more about how I can help you.