Introduction
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PART I: GETTING THE HELP YOU NEED
Chapter 1: When an Accident Happens
Immediate Action to Take
Getting Prompt Medical Attention
Who Will Notify Your Family?
Exchanging Information
The Role of the Police
Reporting an Auto Accident to the Police
Reporting Your Accident to ICBC
Supporting an Insurance Claim
When to Consult a Personal Injury Lawyer Immediately
Chapter 2: Initial Medical Treatment
Initial Assessment and Treatment
Common Medical Problems After an Auto Accident:
Shock
Bruises, abrasions, lacerations and excessive bleeding
Muscle, ligament and tendon injuries
Whiplash injuries
Burns
Fractures
Multiple injuries
Spinal Cord Injuries
Traumatic Brain Injuries
Special Concerns When a Child Is Injured
Keeping a Diary of Your Recovery Process
Chapter 3: If You're Admitted to the Hospital
Getting Good Care in the Hospital
If You're Put into the Intensive Care Unit (ICU)
How Family and Friends Can Help
Power of Attorney, Committeeship and Related Topics
Medical-Legal-Insurance Considerations
If You're Transferred to a Rehab Centre or Extended-Care Facility
Arrangements to Make Before You Leave the Hospital
The Emotional Reality of Going Home
Who Will Take Care of Your Needs Now?
Chapter 4: On-Going Care
Follow Up Visits to Your Doctor
Common Rehab Treatment After an Auto Accident:
Physiotherapy
Massage therapy
Chiropractic treatment
Occupational therapy
Aupuncture
Psychological counselling
Neuro-psychological counselling
Speech-language therapy
Pain management programs
Fitness and exercise programs
Alternative therapies
Rehab Treatment After a Catastrophic Injury
Should You Hire a Professional Case Manager?
Who Will Pay for Your Rehab?
ICBC Rehab Programs
Chapter 5: Psychological Issues and Interpersonal Relationships
Post-Traumatic Stress Disorder (PTSD)
Secondary Wounding
Survivor's Guilt
Challenges for Family Members and Friends
Changes in Family Dynamics
The Effects of Serious Injury (or Death) on Children and Adolescents
If You Have a Brain Injury
Psychological Counselling
Finding the Right Therapist
If You're Put on Medication
Will ICBC (or WorkSafeBC) Pay for Your Counselling?
Psychological Issues and the Legal-Insurance System
Chapter 6: Obtaining Financial Help
Accident Benefits and Compensation Through ICBC
WorkSafeBC Benefits:
Wage-loss benefits
Healthcare and related benefits
Funeral expenses and survivor's benefits
Help with legal issues
Disputing a WorkSafeBC decision
Canada Pension Plan Benefits:
Disability benefits
Survivor's benefits
Children's benefits
Employment Insurance
Help Through the BC Ministry of Human Resources
Financial Help from Other Sources
Help Through the Public Guardian and Trustee
Chapter 7: Dealing with On-Going Issues
Coping with Permanent Lifestyle Changes
Living with a Spinal Cord Injury
Recognizing Brain Injury Symptoms
Living with a Traumatic Brain Injury
Chronic Pain and Fatigue
Issues for Caregivers
Sexual and Reproductive Issues
Returning to Work (includes how returning to work affects benefits
from various sources)
Vocational Counselling and Retraining (specific information for ICBC,
WorkSafeBC, CPP, EI, MHR)
Education
Housing Options
Transportation Issues
PART II: INSURANCE AND LEGAL ISSUES
Chapter 8: Bodily Injury Claims
Basic Auto Insurance in British Columbia
Who Can File an ICBC Claim?
Claims Filing Process
How Much Time Do You Have to File an ICBC Claim?
What Happens Next?
When an Auto Accident May Be Your Fault
Hit-and-Run Accidents
When a Driver Is in Breach of His Insurance or Uninsured
Impaired Driving
When Someone Is Killed
If You Were a Pedestrian, Cyclist or Passenger
Work-Related Auto Accidents
Low-Velocity Impact Claims
Accidents Involving Out-of-Province Drivers and Residents
Chapter 9: Dealing with the Insurance Company
Working with Your ICBC Claims Adjuster
Protecting Your Rights
Will You Be Sent to an ICBC Doctor?
If You Have a Soft Tissue Injury or Subjective Condition
If You're Unhappy with Your ICBC Claims Adjuster
Disputing an ICBC Decision
When Should You Settle Your Personal Injury Claim?
Can a Settled Claim Be Re-opened?
Chapter 10: ICBC Benefits and Compensation
Part 7 Accident Benefits:
Medical, rehab and related benefits
Total disability (wage-loss or homemaker) benefits
Death benefits and funeral expenses
Applying for Part 7 Benefits
If ICBC Denies You Accident Benefits
Financial Compensation (or Damages)
How Much Is Your Personal Injury Claim Worth?
Underinsured Motorist Protection (UMP) Claims
Compensation for the Death of a Spouse, Partner, Parent or Child
Chapter 11: Insurance Company Tactics
Independent Medical Examiners:
Can you refuse to go to an IME?
Disowning an IME's report
How to protect yourself
Charges of Malingering and Fraud
Detective Investigations and Surveillance Efforts
Safeguarding Yourself from ICBC's Tactics
Chapter 12: Hiring a Lawyer
When a Personal Injury Lawyer Is Necessary
Finding the Right Lawyer
Interviewing a Personal Injury Lawyer
Questions to Ask a Lawyer
What You'll Have to Pay a Personal Injury Lawyer (includes information
on contingency fees, hourly-rate fees, fixed fees and retainers)
Your Legal Contract or Fee Agreement
Chapter 13: Working with Your Lawyer
Professional Guidelines for Lawyers in BC
What You Can Expect a Personal Injury Lawyer to Do
Your Role in Your Case
When Problems Arise with Your Lawyer
Resolving Conflicts with Your Lawyer
Through the Law Society of BC
Taxing your lawyer's bill
Suing your lawyer
Hiring a New Personal Injury Lawyer
PART III: THE LEGAL PROCESS
Chapter 14: Legal Procedures
Tort Actions
Part 7 Legal Actions
Chambers Hearings
Small Claims Court Hearings
Examinations for Discovery in Personal Injury Cases
Traffic Court Hearings
Criminal Court Hearings for Traffic Offences
Alternate Dispute Resolution (ADR):
Mediation
Fast-track mediation
Arbitration
Settlement conferences
Other Non-Binding Hearings in a Personal Injury Case
Fast-Track Trials
Chapter 15: Issues at Trial
Liability
Determining the Cause, Nature and Extent of Injuries and Disabilities
Heads of Damages:
General Damages
Special Damages
Past Income Loss
Future Income Loss
Future Care
Other Money You May Be Awarded in a Personal Injury Case
When the Injured Person Is a Minor
Chapter 16: Preparing for Trial
Your Trial Date
Requesting a Jury
Assembling Evidence and Providing Documentation
Expert Witnesses and Assessments (includes information on future
care assessors)
Lay Witnesses in Personal Injury Cases
Negotiating a Pre-Trial Settlement
Last Minute Chaos
Chapter 17: The Trial Process
The Adversarial Nature of Our Courts
Trial-Related Stress
BC Supreme Court Hearings in Personal Injury Cases
Your Testimony
Closing Arguments
Handing Down a Judgment
Chapter 18: Receiving Your Money
Costs and Disbursements
Tax Gross-Ups
Management Fees
Reviews Before the Court Registrar
Court-ordered Interest
Deductions for Part 7 Accident Benefits
Part 7 Buy-outs
Hidden Legal Fees and Other Deductions
Receiving Your Money (includes when your case is appealed)
Structured Judgments and Settlements
Chapter 19: Appeals And Cross-Appeals
Realities of the BC Court of Appeal
Appealing an ICBC Case
Cross-Appeals:
Appeal costs
When to Hire an Appeal Lawyer
BC Court of Appeal Hearings
Appeals Before the Supreme Court of Canada
PART IV: MANAGING YOUR AWARD MONEY
Chapter 20: Safeguarding Your Future
Paying Off Debts
Setting Up a Workable Budget
Professional Financial Advice (includes questions to ask)
What You'll Pay for Financial Advice
Life Insurance
Disability Insurance
Estate Planning and Wills (includes providing for a dependent with
disabilities)
Chapter 21: Investing Your Money
Annuities
Other Low Risk Investments
Bonds
Stocks
Mutual Funds
Real Estate
High Risk Investments
Minimizing Investment Losses
Notes
Resource Directory
Index
ISBN: 0-9736611-0-0
Trade paperback (6" x 9")
352 pages