What If I Was Injured and Had Whiplash and Need a Cross Border Attorney?

Whiplash — often referred to as a cervical sprain — is a spinal injury suffered due to the violent, sudden motion where the head is snapped in multiple directions outside the normal range of motion. This type of injury can be difficult to diagnose, and many injured individuals find it challenging to recover monetary damages. A knowledgeable personal injury lawyer can provide the guidance and representation you need.

Cervical sprains and soft tissue injuries do not usually present with visible indications of the damage done. Unless the injury is sufficiently severe, the damage might not appear on diagnostic tests such as an X-ray or MRI. At Cross Border Law, we understand the challenges that injured individuals face after a car accident. By representing clients in both Vancouver and Seattle, our firm has gained insight into how personal injury cases proceed in both countries. If you are an American citizen injured in British Columbia, or a Canadian citizen injured in Washington State, schedule a free consultation today.

INJURIES TO THE SPINE IN A CAR ACCIDENT

Injuries can widely vary depending on the types of vehicles involved, the angle of the collision and the speed at which the vehicles collided. The sudden, jarring motion of two vehicles colliding will often result in spinal cord damage. Whether this damage is localized to the neck or other parts of the spine, an individual might suffer loss of sensation, loss of motion or chronic pain.

The effects of whiplash — severe pain, loss of movement, numbness, headaches, fatigue, etc. — can impact all facets of an individual’s life. From difficulty sleeping to the inability to concentrate at work, an injured person can feel long-term effects after a seemingly minor accident.

If you were injured in an accident and fear you might have whiplash, it is important to seek the care of a medical professional immediately. When you have questions about your legal options for monetary recovery, contact our firm by phone or through email.

Head/Brain Injury Claim: Know the Law in Vancouver, BC

Accidents Leading To Traumatic Brain Injuries

Head Injury Claim: Know the Law in Vancouver, BCWhile a vehicle collision might be over in an instant, the effects of the injury can last a lifetime. Head/Brain injuries, specifically, might result in personality changes, loss of cognitive function or the loss of mobility. If a loved one has suffered a head injury in an accident caused by the negligence of another driver, schedule a free consultation at our firm to discuss your legal options with a personal injury lawyer.

Some head injuries can be difficult to diagnose in the hours or days following a motor vehicle accident. In fact, many family members will notice a change in personality or behavior before a diagnosis is made. Difficulty concentrating, difficulty multitasking or mood swings can be indicative of head trauma. At Cross Border Law, we encourage you to contact our firm if you notice a loved one suffering these changes following a car accident. For the convenience of our clients, we maintain offices in Vancouver, British Columbia, and Seattle, Washington.

Head/Brain injuries can vary in severity based on the damage.

Open injury: An open injury is one that causes visible physical damage to the head. A penetrating skull wound or deep laceration would be considered an open injury.
Closed injury: An injury that does not result in visible damage is often called a closed injury. A closed injury or closed head injury is more likely to damage the brain’s cognitive functions rather than the physical structure.
Concussion: A type of closed head injury, a concussion typically results when the brain is subjected to violent movement within the cranium. As the brain is physically jostled, it can result in memory loss, blurred vision and other symptoms.
No matter the severity of your accident or the catastrophic results of your injury, it is wise to seek the counsel of an experienced lawyer. We will thoroughly examine your accident and discuss your injuries with your chosen medical professional to gain a clear understanding of the challenges you might face in the future. Clients trust us to negotiate with Canadian and United States insurance carriers to ensure that a beneficial settlement is reached.

If you suffered a head/brain injury in a motor vehicle accident, schedule a free consultation at either of our offices to discuss your options for monetary recovery through a personal injury lawsuit. Call or email us today.

Wrongful Death Injury Claims on Both Sides of the Border Does Exist

Whether involving a car, truck or motorcycle, a serious collision can have lasting effects. In the most severe cases, a motor vehicle accident will result in fatality. If you have lost a loved one in an accident caused by the negligence of another driver, it is important that you speak with a personal injury lawyer.

The loss of a loved one can be devastating — both emotionally and financially — to the family. While it is impossible to put a dollar figure on the life of a family member, it can be challenging to remain financially stable without considering your legal options for monetary recovery. If the deceased was a major wage earner, you might face financial peril before you’ve even had the time to grieve. At Cross Border Law, we understand the importance of resolving a case quickly and efficiently. With experience representing Canadian and United States clients, our legal team stands ready to represent you no matter your situation. We maintain offices in Vancouver, British Columbia, and Seattle, Washington.

SCHEDULE A CONSULTATION TODAY
It is difficult to determine the amount of damages a surviving loved one might collect from a wrongful death claim. It is our goal to hold the negligent party or parties accountable for the damage they have caused you and your family. We will work with the insurer to reach a beneficial settlement.

The settlement of a wrongful death claim often includes factors such as:

Medical bills
Funeral costs
Wages that the deceased might have earned in the future
The pain and suffering of the surviving family members
In the United States, you might have heard the phrase “loss of consortium.” This phrase typically refers to the suffering of a surviving spouse who has lost his or her partner. This is also referred to as “loss of companionship.”

At Cross Border Law, it is our goal to guide you through the legal process in the most compassionate manner possible. We understand your suffering. We will fight on your behalf, giving you the time you need to grieve your loss.

Call either of our office locations, or send an email to schedule your free consultation.

People of Vancouver Speak. Say No! to Major Injury ICBC Caps!

Protesters Say NO to David Eby and his MAJOR injury ICBC caps!

On May 23, 2018 protesters rallied in front of Attorney General David Eby’s office on West Broadway in Vancouver. The protesters rallied against Eby’s cold hearted plan to place arbitrarily harsh caps on compensation for MAJOR injuries such as PTSD, major depression and chronic pain. Protesters carried signs such as “PTSD is NOT a minor injury” , “stop caps” as well as signs saying “Recall Eby” and “Down with the NDP”.

Eby and the NDP voted in favour of placing caps and forcing ICBC treatment protocols on MAJOR injuries such as depression in the BC Legislature during Mental Health Week. We call on the NDP to stop using harsh, high handed government legislation to harass injured ICBC customers who suffer from serious mental illness caused by careless drivers. It’s time that the government stops giving even more power to the ICBC monopoly to make life difficult for those with MAJOR medical injuries.

We Support BC Psychological Association Against NDP ICBC Bill 20

The BC Psychological Association is opposed to the NDP ICBC Bill 20 that the NDP is now trying to rush through the Legislative Assembly so the public does not have the time to properly consider the contents.

We agree with the BC Psychologists that Bill 20 unfairly picks on the mentally ill and stigmatizes those with “psychiatric or psychological conditions” such as PTSD, depression, anxiety.

The “minor injury” definition in NDP Bill 20 including “psychiatric or psychological conditions” is far harsher than the Alberta, Nova Scotia and New Brunswick caps legislation. In those jurisdictions, capped “minor injuries” are things like scrapes and mild neck pain. However, in NDP BC, many serious injuries will be considered “minor injuries”

http://www.qp.alberta.ca/documents/Regs/2004_123.pdf

AGAINST ICBC CAPS? – Voice Your Opinion on SATURDAY MAY 5, 1 p.m., SURREY!

Car Accident Survivors and Supporters for Fair Auto Insurance in BC

Apr 30, 2018 — There is a protest against the ICBC/NDP caps being organized by our friends, the Road BC Coalition, happening this Saturday May 5, 1 p.m in Surrey, BC in front of NDP MLA Jinny Sims’ office. The protest will also be situated at the neighbouring “Bell Centre for the Performing Arts”. Please go!

Please stay on pedestrian areas, do not block traffic and do not interfere with businesses in the shopping plaza. We are not part of the ROAD BC coalition but strongly support their goals. The protest address is 14360 64th Ave, Surrey, BC.

We encourage everyone reading this to come by with signs opposing the NDP government caps plan especially the part which defines “mental illness” as a “minor injury”. Most mental illnesses are NOT minor injuries contrary to wording in the government’s planned law.

Please tell the NDP government that the labeling of mental illnesses in this way is UNACCEPTABLE in 2018 British Columbia!

Thank you and see you all there on MAY 5, 1 p.m.!

Psychiatric and Psychological Injuries Will be Defined As MINOR Injuries. Fair?

[Car Accident Survivors and Supporters for Fair Auto Insurance in BC]

 As of April 23, the actual ICBC legislation to be voted on by MLAs defines “minor injuries” as including “psychiatric injuries” like depression or PTSD – even if CHRONIC. Unfortunately, depression is usually a major injury. Patients who have depression often face debilitating lives. Suicide attempts are not uncommon.

This is a disgrace and shows a stigma against the mentally ill. Please speak to advocacy groups, your MLA and friends and tell them you are against the NDP ICBC proposals.

https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/41st-parliament/3rd-session/bills/first-reading/gov20-1

Motorcycle Injuries: More Common Than You Think

Cross Border Law wants to help you.

A motorcycle rider is in danger at nearly every turn. From slippery roads, to debris, to inattentive drivers, a serious motorcycle accident is only an instant away. If you were injured or you lost a loved one in a motorcycle accident, an experienced personal injury lawyer can explain your options for monetary recovery through the legal system.

The lawyers at Cross Border Law have the unique ability to fully represent clients who live in one country and were injured in another. We maintain offices in Vancouver, British Columbia, and Seattle, Washington, for the convenience of our international clients. We can negotiate with insurance carriers in both Canada and the United States, ensuring that our clients will receive the full benefits they are owed following an accident.

DEVASTATING MOTORCYCLE INJURIES

Since a motorcycle contains none of the same type of safety features that a car does, riders typically face severe injuries following even a minor collision. In the best-case scenario, a rider might be wearing heavy leather clothing and a full-coverage helmet. Not everyone is this diligent in his or her own protection, however. Riders can suffer an injury in the initial collision as well as additional injuries when they strike the pavement, concrete barriers, other vehicles or metal guardrails along the side of the road. Common injuries can include:

  • Road rash
  • Traumatic brain injuries
  • Multiple fractures
  • Lacerations
  • Dislocations
  • Amputations
  • Paralysis

High-speed collisions can also result in the wrongful death of the motorcycle rider. If you have lost a loved one in an accident caused by the negligence or inattention of another driver, do not hesitate to schedule a free consultation with a skilled lawyer. We can handle your injury claim or wrongful death claim to ensure you recover the maximum compensation possible in your situation.

Can A law Firm Handle Cases on Both Sides of the Border?

American lawyer in vancouver
American lawyer in vancouver

As lawyers in both British Columbia and Washington State, we understand the nuances of laws in multiple jurisdictions and the interplay of insurance coverage.  Cross Border Law will take a thoughtful approach to resolving your case. Whether we can reach a settlement with the insurers or the matter must be resolved through arbitration or in the courtroom, either in the U.S. or Canada, we are confident in our ability to represent our clients through all stages of litigation.

Sure, this is our business, but we’re not just in it for the money. We enable our clients to seek affordable care and assistance to help heal injuries and repair losses. Having helped hundreds, if not thousands, of injured individuals over the years, we know what people need to put their lives back together, and we do whatever we can to assist in that process. We look forward to welcoming you as our client.

To Pay or Not Pay: Subrogation Liens Arising Out of a British Columbia, MVA

The next time you assist an American citizen involved in a motor vehicle accident that occurred in British Columbia, you should note that PIP liens are not recoverable in British Columbia.

Say you manage to settle a client’s BC mva claim for $25,000 all inclusive, with a subrogation lien of $5,000 by your client’s PIP insurer; the insurer is not entitled to recover the PIP benefits they paid to your client.

In British Columbia, the deemed release provisions contained in s. 83 of the Insurance (Vehicle) Act state that an out-of province insurer may not recover through the courts in British Columbia accident benefits it has paid.

Out-of-province insurers can have no greater rights than the person who obtained those benefits, and the insured is deemed to have released the claim to the extent of those benefits.

See Schaffer v. McPherson (1997), I C.C.L.I (3d) 88 (B.C.S.C.), and Matilda v. MacLeod (1997), I.C.C.L.I (3d) 94 (B.C.S.C.), both affirmed on appeal 2000 BCCA 1. A deemed release applies whenever the accident benefits paid by the out-of-province insurer are provided under a contract or plan of automobile insurance and are similar to the benefits paid under the appropriate Regulation in British Columbia. See Gurniak (Guardian ad litem of) v. Nordquist, 2003 SCC 59.

So the next time you settle a claim that happened in British Columbia, you can save your client from surrendering thousands of dollars of their own money and protect yourself from a potential malpractice claim.