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Published Columns Archive
2010-07-18 Our capitalistic system works on financial consequences
- Take away the consequences for causing another human death and there’s no incentive to put financial resources into ensuring that never happens again.
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2010-07-11 Witnesses crucial to any legal case
- Justice screams out to those people to fulfill their moral obligation to set the record straight. People’s lives can hang in the balance. The more ...
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2010-07-04 Financial consequences needed for loss of life in this province
- I am doing my part to cry out for a change to our laws by writing this column. If it moves you, I ask you ...
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2010-06-27 Have a little compassion for lawyer who fabricated evidence
- I have proudly pursued a career of helping crash victims achieve justice and here is a personal injury lawyer who is tarnishing that pride.
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2010-06-20 When disaster strikes, all are not affected in the same way
- As convenient as it might be to have an authoritative law book that provides the answers for every possible set of circumstances, that is simply ...
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2010-06-13 Better choices needed on the road
- I want a festering, raw,wound that never heals...to remind us, every second of the time that we are behind the wheel, that we are making ...
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2010-06-06 ICBC critic sides with company over ads
- Obviously...the corporation’s motivation is not to make our roads safer...But whatever the motivation, if the result is less carnage on the roads, I’ll support it.
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2010-05-30 Important to continue with treatment
- Only in the very rarest of situations will a failure
to attend medically recommended treatments be excused... - Read More
2010-05-23 "Senior mentality" can stand in way
- Yes, it is a mentality that worked for them in a different time...It has no place in the world of personal injury claims.
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2010-05-16 After ticket, it's life in the slow lane
- Perhaps if drivers understood the reason behind what seems like an unnecessarily low speed limit, they would respect it.
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2010-05-09 Low financial award could be disastrous for injured woman
- They certainly wouldn’t have intended the financial ruin that their verdict is likely to inflict on her when the expense of litigation is factored in. ...
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2010-05-02 Drunk driver change is way to go
- Perhaps the prospect of really stiff consequences, immediately imposed, will cause us all to give our heads a shake and stop mixing alcohol and driving.
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2010-04-25 Legal reasons behind Jaffer's plea
- The next time you come across a news story that leads you to question our justice system, please pop me an e-mail and I will ...
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2010-04-18 Columnist not practicing what he preaches
- How ironic, I thought to myself as I dug out my registration and the polite RCMP officer wrote out my ticket. The irony was ...
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2010-04-11 When making a crash compensation claim, it's best to get on with your life
- I give my clients very consistent advice on this subject. I tell them to completely ignore the fact that an insurance company investigator may ...
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2010-04-04 Be truthful about everything when applying for insurance
- My hope is that by sharing the critical importance of being totally up front and honest when applying for insurance,such injustice will be avoided, regardless ...
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2010-03-28 Sometimes innocent drivers are pulled into injury lawsuits
- The collateral damage arising from this standard practice is that some completely innocent motorists are sued. I deeply regret the distress this may cause and ...
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2010-03-21 Court case highlights move to keep lawyer away from injured
- Instead of making that a requirement, though, insurance companies actively discourages injured victims, including those who are just barely adults, from consulting with a lawyer.
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2010-03-14 Sometimes injury compensation is not just for what you see
- In total, the compensation awarded to Cabral was $89,146. That was probably double what the insurance company was prepared to pay to settle the case ...
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2010-03-07 Insurance companies not allowed to bully you into interviews
- The law does not require you to be subjected to an interrogation by a trained and clever interviewer in the unfair circumstance where your friend ...
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2010-02-28 Nuances of insanity plea can get lost
- You are either sane, or insane. There is no in-between. We would have a more just criminal justice system if we could figure out what ...
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2010-02-21 Liability insurance always a good idea - even for gardeners
- Not only does it provide you with peace of mind that your own interests will be protected, but it’s also the responsible thing to do ...
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2010-02-14 Don’t be taken advntage of in the first few days after a crash
- In my view, the very act of making a settlement offer that soon after a crash is a clear attempt to take advantage of the ...
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2010-02-07 Class action suit against Toyota makes a great deal of sense
- Before class actions, big companies that caused such widespread losses laughed all the way to the bank. Now, they can be held to account.
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2010-01-31 Spouses may have to sue each other to get a fair settlement
- Your husband will not be bothered by it at all. If a lawsuit is required, he will simply hand over the legal paperwork to the ...
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2010-01-24 Now it's time to ban all telephone conversations in vehicles
- Studies show that it doesn’t matter whether you’re yakking with one hand to the side of your head or with both hands on the wheel. ...
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2010-01-17 Not many aware about compensation for hit-and-run victims
- I don’t know Jorden, and I’m not assuming he’s dim in the head, but not many people know about the entitlement to unidentified motorist compensation ...
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2010-01-08 Time can be money for lawyers, clients
- I expect that most lawsuits and most relationship demises, business and personal, would be avoided if we were all careful to simply clarify our expectations ...
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2010-01-03 Lawyer hopes he's had an impact with four years of columns
- You can expect more of the same over the coming year. If there are any injustices, or poor driver behaviour, that you come across and ...
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2009-12-20 Learn to love your fellow drivers and make our roads safer
- We daydream, failing to give our full attention to the road, instead of displaying tender care for the vehicle occupants around us.
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2009-12-13 Crumpling bumpers can prevent serious injuries
- The more force absorbed by crumpling steel, the less force is exerted on a vehicle occupant. So take out the best insurance policy of all. ...
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2009-12-06 Best to reveal all to your lawyer
- If your lawyer is aware of what the skeletons are, and in which closet they are hidden,the lawyer can best protect against the insurance company’s ...
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2009-11-29 Some lawyers go above and beyond
- I have a warm, fuzzy feeling when I think about David Grunder and the selfless work he did for his client.
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2009-11-22 Jury award is merely symbolic
- Congratulations to the jury for standing up for justice. I apologize on behalf of our justice system that its award will not get the respect ...
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2009-11-15 Don't try to hide information when making insurance claims
- I give very consistent advice to those who consult with me about car crash injuries, and to anyone who becomes my client — be honest ...
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2009-11-08 Local Internet news site steps over the line
- This isn’t about defending a buddy. It’s also not about defending another lawyer. It’s about justice.
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2009-11-01 Adequate Liability Insurance Makes Sense
- Liability insurance is there to protect the assets you have worked so hard to build up over your lifetime. You could lose your house if ...
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2009-10-25 Child pornography definition goes further than you may think
- ...a man surfing the internet in the privacy of his own home...could be committing a criminal offence even if ... web sites with adult models.
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2009-10-18 Ensuring a safe environment is not just some Mickey Mouse issue
- I encourage everyone to take responsibility for the safety of those coming into our homes and places of business, regardless of a lack of financial ...
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2009-10-11 Warranty fiasco points to the need to read contract's fine print
- Imagine, instead of being stuck with a $13,500.00 bill, Clarence got to drive the car for 3 1/2 years for free and Daewoo has to ...
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2009-10-04 Lack of any 'apparent' injuries can be misleading
- The truth is that many, many drivers who have been involved in far less dramatic crashes, with far less or even minimal damage to the ...
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2009-09-27 Insurance company's fraud accusation fuels court action
- Neil was left with no alternative but to put his case into the hands of a lawyer. The insurance company wasn't going to willingly ...
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2009-09-20 Confusion often clouds people's idea of how ICBC works
- It’s particularly difficult to recognize the hair on the spider’s legs when its logo is “Building trust. Driving Confidence”.
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2009-09-13 Defensive driving means more than just protecting yourself
- You not only have a legal duty to yourself, to defend yourself from other drivers who fail to follow the rules of the road, you ...
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2009-09-06 Change the law to reflect criminality, not just consequence
- Why isn’t there an overwhelming call for harsher sentencing for drunk driving, regardless of the bad luck consequences of that conduct? That, I would support.
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2009-08-30 Drivers can't endanger others to save animals
- In my view, the headline should have read: “Negligent Bus Driver Puts The Lives And Health Of Passengers And Vehicles Behind Him At Risk Over ...
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2009-08-23 Legal 'muscle flex' proves expensive for Peachland taxpayers
- The story I am about to tell is a matter of public record. Anyone wanting to review the reasons for judgment released June 4 can ...
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2009-08-16 If you cause the crash, you should be held liable in a claim
- In order to protect as much as possible against a horrendously unfair result, it is important to always name everyone who could possibly be found ...
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2009-08-09 It's time to stop blaming the victim
- Whatever the reasons,it is a common social reality that further victimizes those who need and deserve to be supported. It is also a standard tactic ...
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2009-08-02 A jury's decision is based on hearing all the facts
- Isn’t it amazing how hearing the full story can make a jury’s decision make sense? Next time you get one of those Stella Award emails,please ...
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2009-07-26 Keep tabs on your own property
- Don’t wait. Take 15 minutes today to document your home and contents. It may be the most valuable 15 minutes you ever spend.
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2009-07-19 Driving puts the lives of others in your hands
- Somehow, we need to be reminded every day, every hour, every minute, every second, that we hold the physical well being and lives of other ...
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2009-07-12 Lawyers on both sides needed to make our justice system work
- Our justice system works best when there are two opposing lawyers passionately arguing opposite sides of a case, so that the impartial judge can make ...
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2009-07-05 FOR THE RECORD - Editing error in last column
- Due to an editing error, incorrect information appeared in Paul Hergott's column last week...
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2009-06-28 Lawyer's fee justifiable when you know the facts
- Making a value judgment that lawyers are overpaid without knowing the facts behind the one-third contingency fee is simply unfair.
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2009-06-21 When it comes to auto insurance, not all provinces are equal
- If I wasn’t a personal injury lawyer, informed about the differences in the legal systems of B.C. and Saskatchewan, I would not have felt that ...
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2009-06-14 It's the policies, not the people, who most often are to blame
- You have the hardest of jobs. I respect you for being able to maintain a positive professionalism in the face of having to administer policies ...
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2009-06-10 Capital News Story - Chiropractor and ICBC Deal
- A deal between the Insurance Corporation of B.C. and the association that represents chiropractors in this province is raising concern from personal injury lawyers.
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2009-06-07 ICBC Response - Chiropractor/ICBC Deal
- Writing about an agreement between ICBC and the British Columbia Chiropractic Association (BCCA), Paul Hergott asked: ‘Why would an insurance company enter into a contract ...
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2009-06-07 Jury behaviour causes a mistrial and wastes court's time
- "Houston,we have a problem”. Those words were uttered by a British Columbia Supreme Court judge May 4, on day six of a personal injury jury ...
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2009-05-31 ICBC deal with chiropractors could hurt more than heal
- I’ve just read a document that made my blood run cold. It is a contract that bears the signature of the senior vice-president of claims ...
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2009-05-24 Insurance company reps caught peeking at jurors' personal claims histories
- They cheated, plain and simple. It was bad enough that the injured victim of a car crash was forced to go to trial to get ...
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2009-05-17 Questions raised about background checks on jurors
- A trial that started on April 27 came to an abrupt halt four days later when it was revealed that the defence lawyer, acting on ...
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2009-05-10 Judges have harsh words for some crash case doctors
- In Quioa v. Buckley, a 2008 decision,the judge said of defence orthopaedic surgeon, Dr. Joseph Schweigel, who was paid a whopping $924,253.00 by ICBC for ...
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2009-05-03 Concerns about medical reports matching exam results
- During the examination, the doctor made comments of finding muscle spasms and tenderness. The report he prepared, though, denied that there was any indication of ...
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2009-04-26 Photos are just a snapshot in time
- Did you catch the news last week about the New Democratic Party candidate who threw in the towel because of racy photographs that surfaced on ...
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2009-04-19 Save legal costs by launching your own Small Claims case
- This week, I will give you an idea of what Small Claims Court is all about. It’s a beautiful thing. Without spending a dime on ...
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2009-04-12 Sometimes you don't need to hire a lawyer to attain justice
- For those of us with far weaker powers of persuasion than an executioner, I recommend checking out Small Claims Court.
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2009-04-05 Multitasking is not what’s required when driving a vehicle
- A fraction of a second can mean the difference between a crash and a close call, the difference between just another trip home and causing ...
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2009-03-29 Patience proves successful when dealing with ICBC
- "WHY ARE VICTIMS OF MINOR COLLISIONS DISCRIMINATED AGAINST BY INSURANCE COMPANIES? BECAUSE IT WORKS.
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2009-03-22 Respecting an insanity defence
- “Vince Li has been found not criminally responsible for the unprovoked killing and beheading of fellow passenger Timothy McLean on a
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2009-03-15 Taxing time for crash victims
- I wonder how many millions of dollars the insurance industry pockets due to ignorance. Perhaps this column will provide an education that
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2009-03-08 Safety dictates stopping behind school buses
- A distracted child will dart out into the street without any regard for oncoming traffic. So please sit patiently behind that school bus, slow to ...
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2009-03-01 Playing a contact sport does not give a licence to injure
- My blood is boiling again. But this time it is not about an insurance company. This time, it’s about idiots.
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2009-02-22 Lawyer uses evaluation to test clients' abilities after a crash
- One of the most challenging parts of my job is coming up with ways to prove how very hard my clients have tried.
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2009-02-15 Give me opinion, not debate
- There is so much conflicting information out there. When you hear, or read, differing opinions, how do you decide which one is the most worthy?
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2009-02-08 Get legal advice, second opinion before accepting payout
- A reader asked: “If I smashed my arm (in a car crash)and it broke, can I get pain and suffering money from ICBC (without a ...
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2009-02-01 Insurer fights tooth and nail to not pay smallest of claims
- Are you being offered less than $7,500 when you are still suffering symptoms more than seven months after a crash? Print out a copy of ...
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2009-01-25 No discernible damage? Don’t make a roadside deal.
- The reader asked for some practical advice about what to do if he is involved in a collision where there is very little apparent damage ...
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2009-01-18 Polygamy charges could set law on a slippery slope
- Every once in a while,I feel compelled to write about a legal issue that has nothing to do with car crashes. I just can’t help ...
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2009-01-11 Crash victims' lawyers unfairly tarnished with accusations
- You know what they say, one or two people can spoil it for everyone. It’s the honest people that get to pay the price for ...
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2009-01-04 Passionate about getting correct info to the public
- How many others are in her position of having received misinformation from the insurance company? That’s the main reason why I take the time each ...
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2008-12-28 Make a resolution to battle bad driving in 2009
- Here’s a societal wart that I am particularly familiar with — people in our community are being needlessly hurt, and even killed, in car crashes.
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2008-12-21 Unfair policy allows insurance company to dismiss claims
- For one thing, I have trouble believing that an insurance company representative would tell such an outright and ludicrous lie. For another, I have trouble ...
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2008-12-14 Receiving a car crash settlement is not a 'Lottery' win
- Every person who has been injured in a car crash wants to get better. Is that really true? What about the big settlement? What about ...
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2008-12-07 Lawyer marks a milestone with his 100th column
- It’s often said that time flies when you’re having fun. This is my 100th newspaper column and the time has definitely flown.
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2008-11-30 Sometimes the deal that’s offered is not the deal to take
- The problem is that insurance adjusters are playing a Mexican negotiation game, not a Canadian one. They might well offer you $3,500 on a $45,000 ...
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2008-11-23 When it comes to whiplash compensation, talk to a lawyer
- Any compensation system that attaches a dollar figure to a grade level of whiplash is inherently ridiculous. Any insurance company that has guidelines for ...
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2008-11-17 Court levies large award in ‘hard’ personal injury case
- A special kind of justice was delivered in a car crash case in Vancouver last month. There are easy cases and there are hard cases. ...
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2008-11-09 Getting a personal injury lawyer can ensure fair treatment
- By offering the top end of their fictitious range, the adjuster is discouraging the crash victim from seeking legal advice to find out what the ...
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2008-11-02 Ennis decision shows our parole board system works
- I learned about a couple of things this past week. One is the set of circumstances behind the naming of the Johnson-Bentley Memorial Aquatic Centre. ...
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2008-10-26 Foreclosure does not necessarily relieve mortgage debt
- A reader e-mailed me a question related to that column. He wanted to know what happens if the amount owing to the mortgage company is ...
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2008-10-19 Years of gain in real estate setting the stage for foreclosures
- A rather sudden influx of cases has clued me in to the realization that the stage has been set for the “perfect storm” in foreclosures.
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2008-10-12 Criticism a vote of confidence for both a doctor and a lawyer
- A client of mine has recently drawn an analogy that I am attracted to: An injured victim is like a fly who gets drawn into ...
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2008-10-03 When it comes to injury claims keep an eye on the clock
- In 2 ½ hours, the court registry where the lawsuit had to be filed would close. In 150 minutes, the claim would be gone.
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2008-09-28 It's not right to blame pedestrian vicitms in car crash cases
- A newspaper headline caught my attention last week: “Young woman hit when darting onto crosswalk.”. The headline screamed off the page at me.
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2008-09-21 Proper investigation needed in complaint_driven systems
- Have any of you encountered the “doggy-bylaw” justice system? It’s small wonder that there might be injustices in that system, with front-line bylaw officers, ...
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2008-09-14 Health before crash doesn't necessarily dictate compensation
- Are you disqualified from fair compensation for injuries if you were not perfectly healthy before a crash? Insurance companies would have you think so.
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2008-09-07 Judges follow strict code of law in sentencing criminals
- There’s a round in the chamber. I’ve got a whole lot of “pissed off” circulating through my system. I am taking aim at those who ...
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2008-08-31 Car crash injury awards are not like winning a lottery
- There is a ridiculous notion held by many that being injured in a car crash is like winning a lottery. When you think about the ...
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2008-08-24 Patience can be a virtue when you're being sued
- I remember my grade school math teacher who would say: “Patience is a virtue, possess it if you can. Often found in women, seldom found ...
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2008-08-17 Drivers need to smarten up when out on the road
- We’ve got ourselves a serious attitude problem. We see driving as a right. A driver’s license is awarded on the basis of passing a ...
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2008-08-10 Weighing the legal ramifications of a barroom brawl
- I can’t explain why the young fellow wanted to pick a fight. I think of myself as a relatively unimposing guy. Sheesh, I was about ...
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2008-08-03 If your kid shoplifts, will the store sue you for losses?
- Your 14-year-old daughter does something really stupid. I don’t mean to be terribly offensive to my younger readers, if they exist, but kids do ...
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2008-07-27 Columnist on crusade for injury claim justice
- I feel like I am trying to get through a brick wall with a gummy worm. As a weekly columnist, I expect to have ...
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2008-07-20 In a court of law gossip can't be cross-examined
- Simply put, gossip is when information gets passed from one person to the next. One problem with gossip is that certain information, intended to be ...
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2008-07-13 Deep-pocketed insurance corp. compensates crash victim
- I am going to share something with you that I would be forbidden from sharing if I was in trial addressing a jury. My reason ...
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2008-07-06 Hot diggity dog, parade float proves lawyers are human
- Hergott Law had a float in the parade. Picture me in front of a 1.5-metre grill, mounted on a utility trailer, being pulled by a ...
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2008-06-29 Making a case for the honesty and integrity of lawyers
- I’ve heard my share of lawyer jokes. And there are lots of them. I first started paying attention to them when I became the ...
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2008-06-22 More examples of lawyer trickery in pre-trial proceedings
- This column is a follow up to one published two weeks ago about a dreaded event in car crash lawsuits—the examination for discovery.
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2008-06-15 Entire residential schools program was a form of abuse
- You see, the Government of Canada’s apology to survivors of Indian residential schools knocked me on my keister, and I feel compelled to write about ...
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2008-06-08 Examination for discovery needn't be as stressful as you think
- In the United States they call it a deposition. That’s for those of you who are more in tune to the American legal system because ...
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2008-06-01 Onus is on the victim to prove a hit and run crime actually occurred
- You return to your car with your groceries to find the side of your car dented in. It was likely an innocent accident: Someone just ...
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2008-05-25 Hit and run injury points to perils of cycling on local roads
- I am feeling another chill about using my bicycle as a mode of transportation as a result of an incident that occurred a week ago. ...
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2008-05-18 For most lawyers, a person's a person, no matter how small
- I grew up with Dr. Seuss. My favourite of the Seuss books was the one with the elephant who stood up for the fluff ball. ...
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2008-05-11 Alcohol is a harder drug on society than marijuana
- I happened upon a bloody fight last weekend in Kelowna. My wife, four-year-old and two-year-old had parked our minivan on Lawrence Avenue and wandered through ...
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2008-05-04 Not all personal injuries result in a compensation claim
- I encounter a whole lot of people who seem to have no idea how our system of compensation for personal injuries works. This column is ...
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2008-04-27 Watch what you say about injury claim
- Have you ever been misinterpreted because something you
said or wrote was taken out of context? Context plays a huge role in communication. This is particularly ... - Read More
2008-04-20 In law, as in life, our biases can get in the way
- Some of you may be aware of a new case I am handling. I act for a fellow who had a run-in with some security ...
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2008-04-13 It helps to know a little about medicine
- I have been on a roll the last couple weeks with the theme of de-bunking what some insurance adjusters would have you believe. This week’s ...
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2008-04-06 Brain injuries don’t require loss of consciousness
- If anyone ever tells you that you have to lose consciousness in order for there to have been a brain injury, tell him or her ...
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2008-03-30 Whiplash doesn't magically resolve on stroke of clock
- It takes more than just knowing the law to avoid being taken advantage of by the insurance company. You also need to know a ...
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2008-03-23 Even if you're 'at fault' you may still have a claim
- Even if you were mostly, but not entirely, at fault, you have a claim. You’re wise to get legal advice regarding your rights.
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2008-03-16 Impact of psychological injury is something to think about
- But I have news for you. In my experience, driving
anxiety from a crash is more the rule not the exception. The good news is ... - Read More
2008-03-09 Fair compensation cannot take the pain away
- I get lots of reminders of how lucky I am not to live with pain, and how very quickly that could all change. An ...
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2008-03-02 Sorting through crash injuries on job
- Brace yourselves. This is complicated. This column is about what happens if you suffer, in the course of your employment, a car-crash injury. Why ...
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2008-02-24 Ask an expert to know where you stand on injury claim
- Do you lose your claim because the insurance company thinks that you were partially at fault for a crash? Many people think so. They are ...
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2008-02-17 Gather as much information as possible at accident scene
- Guard against some clever insurance defence lawyer being able to turn things against you. Arm yourself with the evidence that will speak for itself, evidence ...
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2008-02-10 Soft-tissue injuries can often be the worst kind
- Does an injury require broken bones to be considered serious? According to the way most people talk, including some insurance adjusters, you might think so. ...
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2008-02-03 Woman chased for repayment of loan she didn't guarantee
- My column usually has something to do with car crash claims. But not always. From time to time, I feel compelled to write about a ...
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2008-01-27 Don't rely on memory when injured in a car crash
- This isn’t the first time I have noted the importance of keeping a diary. In a prior column, the context was avoiding innocent discrepancies. Without ...
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2008-01-20 Profanity-laden road rage not one of the rules of the road
- There’s a four-letter word that some would say should never be uttered. While several words might fit into that category. There is one, however, that ...
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2008-01-13 Use provincial sales tax as it was intended - for legal aid
- The tax is generating more than enough funds, yet those funds are being diverted elsewhere. Relatively few people are aware of this, and relatively few ...
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2008-01-06 Lawyer looks back over his first year as a columnist
- This is my first-anniversary column. My first column a year ago, ‘It’s Not About Screwing The Insurance Company,’ was published Jan. 7, 2007. It all ...
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2007-12-30 In the legal business there are no guarantees
- There’s no certainty in this business. Therefore, I can never give a guarantee about anything. I find myself coming close, at times, but I am ...
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2007-12-23 Want and abundance abound
- See, the more keenly an injured claimant feels want, the more likely he or she is to settle the claim for less than what it ...
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2007-12-16 Columnist discovers that not all his readers are fans
- I guess it had to happen sometime. Some of my material isn’t exactly pastel, particularly when I’m writing about the way some insurance companies handle ...
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2007-12-09 Insurance companies can, will but won’t always help
- There’s a big difference between can’t and won’t. Don’t say you can’t when the truth is, you can, but won’t. If you don’t want to, ...
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2007-12-02 It’s not just small children who need to be belted in
- I made a comparison last week between Russion roulette and failing to ensure a child passenger is properly belted in. In my view, both can ...
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2007-11-25 Not using seat belts is like playing Russian Roulette
- We’re all familiar with Russian Roulette, right? No insult intended to the Russians among us. I just don’t know it by any other name. You ...
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2007-11-18 Doctor key player in any crash victim’s health care team
- The treatment of car crash injuries often requires a team of health care professionals. The family doctor is a key player on that team. When ...
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2007-11-11 Good advertising doesn't guarantee good representation
- This week, I am going to provide some suggestions with regard to choosing a lawyer. It can be a daunting task. Open up the telephone ...
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2007-11-04 Don't try to drive with expired insurance
- I had a scare the other day. I was about to drive home for lunch when a delivery driver pointed out my expired license plate. ...
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2007-10-28 Big income loss can result from permanent pain
- Let’s take a person who earned $50,000 per year before a crash, but is now only able to work 3/4 time because of permanent pain. ...
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2007-10-21 For those who didn't know, I am that kind of lawyer
- Beyond that, the insurance company needs to be taught that this particular law-yer will take them to task to ensure a fair result, that he ...
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2007-10-14 Rigour of trials rob jurors of their time, but it's worth it
- So here is a heartfelt “thank you” to those who were chosen to sit on my jury, and to those who are chosen to sit ...
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2007-10-07 MP's comments about B.C. judges ruled out of order
- I’m taking a step away from the personal injury focus of this column, but staying squarely in line with the achieving justice theme. I wonder ...
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2007-09-30 Don't sign away your rights by agreeing to improper waivers
- How careful is a com-pany likely to be about your child’s safety if you’ve waived the right to claim compensation against them even if they’re ...
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2007-09-23 The end of a case often hard on lawyer
- I handed over another settlement cheque this week. It was a long haul. I was hired six months after the injury,and worked with the client ...
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2007-09-16 Documents don't lie but presentation can bend truth
- If the die is already cast, and the insurance lawyer is salivating over the misleading picture painted by the clinical records, have faith that justice ...
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2007-09-09 Credibility and evidence of others critical in some claims
- When an adjuster points to a lack of objective symptoms as a reason to discount your claim, tell the adjuster you can recognize bunk when ...
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2007-09-02 A lawyer is under no obligation to take on your case
- Facing the wormy innards of an apple you’ve just chomped into is a special kind of ugly. There are bad apples in every barrel, even ...
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2007-08-26 Don't accept the first settlement offer and hire a lawyer
- Here’s another piece of negotiating advice: Don’t accept the insurance company’s fourth offer.
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2007-08-19 Seniors can be hit especially hard by crash injuries
- This lady happens to be a senior citizen. I’ve commented about the hardships a car crash has on families with fixed incomes. This lady is ...
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2007-08-12 Best injury claim advice - Don't crash in the first place
- Ready for a trick question? You’re driving between Kelowna and Westbank and you pass by a speed sign indicating a maximum speed of 80 kms ...
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2007-08-05 Crash victims deserve to know what their claim is worth
- The standard routine played itself out again the other day. It shouldn’t cause me to have an emotional reaction, but it always makes me angry.
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2007-07-29 Figuring the value of a claim depends on several factors
- One of the main functions of a personal injury lawyer is figuring out how many dollars are required to fairly compensate the client. I call ...
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2007-07-22 Righteous One is the jerk out to teach other drivers a lesson
- Having the right of way doesn’t mean you can drive like an idiot
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2007-07-15 Insurers need a shove before offering fair settlement
- There seems to be a perception that those claiming compensation for injuries are being greedy if they don’t accept the insurance company’s first offer of ...
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2007-07-08 Standard legal advice: Shut it
- Careful what you put on the Internet. Innocent or not, it is standard legal advice not to talk to the police if you are the ...
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2007-07-01 Talk to your doctor about returning to your activities
- There are various levels of function. On one end of the spectrum, there is simply looking after your own personal care.
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2007-06-24 Ground rules for returning to work
- This week, the area of uncertainty I’m going to deal with is returning to work after a car crash.
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2007-06-17 Look critically at who's giving advice
- At a Westside governance debate the other night, one of the panelists suggested that we look critically at the advice we are receiving from various ...
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2007-06-10 Plenty of pride in helping clients, not just winning cases
- I have a number of clients who are in really bad shape. I’m going to write about one in particular, though he’s not an unusual ...
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2007-06-03 When it comes to road safety, there are no ‘accidents’
- Do you remember tak-ing your driver’s licence road test? All those rules!
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2007-05-27 Little white lies could mean big losses
- It’s just a little white lie. Why does it seem OK to tell little white lies? What separates a little, white one from a big, ...
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2007-05-20 Doctor faces similar dilemma to cautious crash victims
- This week’s column topic was suggested by a local family doctor. After discussing a mutual patient and client with her, I brought up my column. ...
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2007-05-13 Child's death in British Columbia goes uncompensated
- My wife suggested that I come up with a column that would fit Mother’s Day. Unfortunately, I wasn’t able to come up with a light ...
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2007-05-06 Don't let evidence fade: Document it
- In an earlier column head-lined: Honesty is Not Always Enough to Get a Settlement, I noted that I make sure my clients keep a diary.
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2007-04-29 Don’t be intimidated about your rights after a car crash
- “We have been told that to even mention talking to someone (a lawyer) to ICBC, is to make the whole thing even more difficult.”
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2007-04-22 Helping your case by trying to get better
- It is very important to follow through with medical recommendations
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2007-04-15 It's important for crash victims to know their rights
- If you have settled a personal injury claim without the assistance of a lawyer, you may not want to read further.
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2007-04-08 Smile, you could be on camera if making a claim
- You are being watched. Yes, it’s true. Right here in the Okanagan. There really are private investigators with video cameras spying on car crash victims.
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2007-04-01 Money can only go so far to assuage suffering from injury
- What is pain worth? Do you want to feel powerful? How about sitting as a juror in a personal injury trial?
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2007-03-18 As if you need another reason to wear your seatbelt
- It’s illegal not to wear a seatbelt. What is it now — an $85 fine? I have no first hand knowledge. I’ll never have to ...
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2007-03-11 What is a limitation period?
- There are laws that “limit” how long you can wait before you commence a lawsuit. In legal jargon, those time limits are called a limitation ...
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2007-03-04 Low speed should not rule out injury compensation
- I’ve got to hand it to the auto insurance industry. The ideas it comes up with to limit what it has to pay injury victims ...
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2007-02-25 Measuring the psychological impact of injury
- I have no formal psychological training. I am not qualified, in a formal sense, to offer opinions regarding the psychological impacts of car crash injuries. ...
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2007-02-18 Dealing with loss of ability to earn an income
- I started last week’s column by asking what your family would have to do without if you were faced with immediately having to pay a ...
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2007-02-11 Manipulating claimants with a little financial squeeze
- In the early stages of a claim, it is not uncommon for the adjuster to reimburse an injured claimant 100 per cent of treatment expenses. ...
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2007-02-04 Sometimes it is necessary to sue your mother
- Bizarre as it may seem,sometimes you really do have to sue your mother, another family member,or a friend to achieve fairness in our system.
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2007-01-28 It's worth hiring a lawyer
- Do I need a lawyer? My answer to that question would have a whole lot more credibility if I were not a lawyer.
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2007-01-21 Want a quick settlement to your personal injury claim? Think again.
- I shudder to think about how many car crash victims have settled their claims for peanuts, within a month or two of a crash, believing ...
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