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April 2018

Filkow Law / 2018 / April
personal-injury
April 26, 2018 In Firm News By Blake Cooper

Personal Injury Basics: Fault Matters – no matter what the other driver tells you

As we know, fault is the name of the game in compensation for civil personal injury claims.  If you want damages for something (such as for your injuries suffered in a car accident), you have to show why the other party involved caused you to suffer a loss.  Just being hurt is not enough.  Causation is key.  Entire trials are run just to determine who caused what damage, separate and apart from determining what the damage actually is.

If you are stopped at a red light and the evidence is that you were rear-ended by a speeding driver, your legal position is obviously very strong, and any damages you can prove will be easier to demand from the other side during litigation or settlement negotiations.  But if the evidence is that you were the careless driver, then don’t expect ICBC to pay much for your injuries that resulted from the crash.  They will say that you were the author of your own misfortune.      

But those are extremes.  Fault is often the subject of debate – such as in cases where the car accident is the result of a left turn or a lane change.  In cases like these, legal fault is less clear and it’s the discovery of all the facts that governs the outcome of the case.  For example, it would be important to know things like, how fast was each car going?  Are there any witnesses who can advise on how the accident took place?  Is there any video showing the accident?  Which motorist is worthy of blame for the accident?  Or, if both of them are, which motorist is worthy of more of the blame?  At trial, if the court rules that the plaintiff driver is 25% to blame for the accident and the defendant 75%, then obviously the plaintiff can only be awarded 75% of the value of his or her proven damages.

Sometimes a person might say, “I was in an accident.  But the other driver came up to me after the crash and kept apologizing, so he should be at fault.”

Not so fast.  While the testimony of what witnesses will say can be evidence of some things, the law will not allow apologies to be evidence of fault.  It’s codified in a statute called the Apology Act.  The court will not care about who apologized for what after an accident, no matter how polite the defendant was at the scene.  The court will want evidence of facts respecting how the accident took place.

So fault matters.  The exception is when you are trying to obtain accident benefits under your insurance contract with ICBC – such as payment of reasonable medical expenses.  Those benefits are generally payable regardless of who caused the accident.  They are also known as “no fault” benefits.   

If you are injured in a car accident, tell us everything about how it took place.  Contact us and we’ll advise on the nature of your claim.

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drug-addiction
April 18, 2018 In News By Jacqueline Halliburn

The Addiction Epidemic Fuels Crime

If you live in the lower mainland, you are well aware of the addiction epidemic that is plaguing our communities. You cannot turn on the news, or social media, or even walk downtown without being reminded that we are facing what is being called the Opioid Crisis.

It goes without saying that drug addiction doesn’t only affect the addict, but their entire family and everyone who cares about them as well. In fact, if you live in Vancouver, chances are you have a friend, co-worker, or family member struggling with the disease of addiction. This blog is written for you.

The link between drug abuse and crime is undeniable. Addiction is a progressive, incurable, and fatal disease, and an addict can only progress so far before he or she becomes unemployable, and has to resort to other means to support his or her habit. Whether he or she is addicted to crack cocaine, crystal methamphetamine, heroin, fentanyl, or even alcohol, their habit is never a cheap one; opiate users for example, often spend several hundred dollars a day on their drug of choice. Therefore, crime often becomes the only viable way to fund a drug habit.

If you have a friend or family member who is charged with an offence because of something their addiction drove them to do, it is very important you help them find an experienced lawyer who understands and can help them navigate the criminal justice system. We have helped many clients and their families deal with criminal charges that stemmed from either impaired judgment as a result of drug use, or a need to support a drug habit. These types of offences can range anywhere from shoplifting to prostitution to violent robberies, and everything in between.

We have extensive experience helping still-suffering addicts and their families deal with all types of allegations whether small property crime or serious violent crime. The accused person will need experienced counsel to help in assessing the strength of the Crown’s case against them, negotiating a fair resolution which takes into account their reduced moral culpability as a result of their disease, or conducting a trial. Their counsel will need to be experienced in making submissions to the court regarding how addiction effects a person’s ability to appreciate consequences and control their impulses. Often, we will also assist in getting our clients into treatment centres or recovery houses as a way of resolving their criminal matters in a more constructive and restorative way.

Our approach to assisting addicted clients and their families is to focus on the connection between their disease and their criminal behavior. They have not done what they have done because they are bad; it is because they are sick. We want to help get their lives on track while minimizing the impact and consequences of their criminal charges on their future.

If you or a friend or family member is in this type of situation, we can help. For any questions, please call our criminal law firm and one of our experienced lawyers will be happy to assist.

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