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Author:Christine Mann

Personal Injury Lawyer

Filkow Law Welcomes New Personal Injury Lawyer

Filkow Law welcomes personal injury lawyer Blake Cooper to its legal team.  Blake’s focus is on ICBC injury claims, acting for car accident victims who have suffered losses as a result of someone else’s carelessness on the road.  He never represents the insurance company.

Blake has an intimate knowledge of how the law values personal injury claims.  He also knows how ICBC works to dispute that valuation.  As the insurance company, ICBC’s job is to defend the actions of its negligent drivers and to pay the injured victims as little as possible.  While almost all of us in British Columbia are ICBC customers, the landscape changes when an accident strikes.  Indeed, the claims procedure is largely adversarial.  

 In a negligence claim for pain and suffering, ICBC owes no duty to the injured victim, and employs a staff of insurance adjusters to challenge the strength of a victim’s case in order to limit the settlement payout.  Adjusters are professional negotiators.  They know that if an injured person rejects their settlement offer, the injured person’s last recourse is by starting a lawsuit, which ICBC will always defend with its own legal counsel.  Accordingly, without someone in their corner, injured persons may find themselves at a significant bargaining disadvantage when it comes to settling their case.

 As a plaintiff’s lawyer, Blake’s job is to level the playing field.  He works with his clients to present their claims properly, negotiate effectively on their behalf, and/or fight their case in court.

 If you are hurt in a motor vehicle accident, call Blake at Filkow Law to assist you.

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Getting arrested

“I am being arrested by the police. I need to speak to a lawyer”

Kevin Filkow recently spoke to new criminal lawyers and civil lawyers at the Trial Lawyers Association, “Trial by Fire” program. The main topic was what to do when someone is arrested or is in police custody. It was a very important and instructive discussion.

Although, the most fundamental and critical advice is that an individual should not make any statements to the police, there are many other important considerations, protections and strategies that must be communicated.

The discussion covered what the individual who is in police custody should do, what should the lawyer discuss with the police? What information should the lawyer receive from the police? What can be done to assist the individual being released from custody? Is there different advice depending on whether the arrest is for drinking and driving charge, domestic assault, drug charges or murder?

One of the most scary and unpleasant events for someone is to be in police custody. There is a serious imbalance of power. One’s fundamental liberties are at stake.A phone call to a lawyer is generally the only legal assistance at a very vulnerable time. The lawyers’ role and legal assistance is extremely important on many levels. Be sure to contact us if you have been arrested. 

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Police Roll Out New Breathalyzers

 

DrunkDrive

BC Police forces have begun using the new Alco-Sensor FST for use in Immediate Roadside Prohibitions.  This new breathalyzer has several important differences over the previously used versions.  The new version has been designed to attempt to limit the amount of user-errors by the police that were being observed and leading to unreliable results.

First, the device is programmed to not accept a sample if it is expired.  It is also programmed to not accept a sample if it is outside of the now-expanded temperature range.

Secondly, the device has a completely different set of messages that are possible compared to the old devices.

This will likely eliminate many of the factors that would historically lead to unreliable test results with previous devices, but there are still some factors that can indicate whether an FST reading is reliable or not.

If you have received an Immediate Roadside Prohibition, it is very important to have an experienced lawyer review your case and get proper legal advice as to whether your test results can be relied upon.

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The Unsettling Unfairness of the IRP Regime

The Immediate Roadside Prohibition regime became effective September 20, 2010. The police, not without their own failings, would determine the fate of any individual pulled over, or otherwise detained, to blow into a roadside screening device. Police officers’ reports of what took place at a roadside stop would fundamentally serve as the basis for implementing these penalties under the new regime. Now, three years after the regime was implemented, thousands of drivers have been subjected to the serious penalties mandated by the IRP scheme, and drivers, who formerly would have been dealt with under the criminal system, and many others besides, are now being subject to IRPs instead.

See Kevin Filkow’s full paper on BC’s IRP drinking and driving laws.

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