FAQ & Useful Links

 
 


Frequently Asked Questions


I have just been in a motor vehicle accident. What should I do first?

I want to find out if I have a case worth pursuing, but will it cost me money to speak with a lawyer?

My insurance adjuster has told me that I don’t need to hire a lawyer. What are the benefits of hiring a lawyer?

ICBC/my insurance company is already offering me a settlement. Why should I hire a lawyer?

Do I have to sue in order to receive compensation?

How do your fees work after the free consultation?

How long will it take to settle my case?

I was injured in a motor vehicle accident in which my spouse, family member or friend was driving. Should I be hesitant to make a claim?

I was injured while shopping. It was the store’s fault. Can I claim?

What are out-of-pocket expenses?

My vehicle was damaged in the accident. Do you deal with this claim as well?

Who will be working on my case?

If I have a question about my case, who should I call?

How often should I see my doctor?

What if I need to see a specialist?

What is the difference between my Tort claim and my no fault benefit claim?

If the first consultation is free and EINFELD LAW will make sure I am taken care of and get the best settlement possible, why would I settle for less?

I have just been in a motor vehicle accident. What should I do first?

If injuries permit, ensure you have all driver’s license, vehicle registration and witness contact information. Get medical treatment, report the accident to ICBC and arrange for a consultation with EINFELD LAW. If unsure, contact us immediately. Our home numbers are in the telephone book.

I want to find out if I have a case worth pursuing, but will it cost me money to speak with a lawyer?

In personal injury matters, EINFELD LAW offers an initial consultation at no charge to you. In all other legal matters, we offer a reduced initial consultation fee to assist you in understanding your legal rights. If someone else’s negligence has meant you have been injured, or you have lost a loved one, you most likely have a case. Since there is no cost to you, it is always worth obtaining advice concerning a claim.

My insurance adjuster has told me that I don’t need to hire a lawyer. What are the benefits of hiring a lawyer?

Insurance companies, ICBC included, are about making profits. The adjuster works for the insurance company, not you, and indeed often receives bonuses for saving the Corporation money in settling claims. EINFELD LAW works only for you. We do not represent insurance companies and our obligation is to obtain the largest settlement or award for you. Insurance adjusters will never advise you that if you hire the services of a lawyer, the insurance company may have to pay a contribution towards your legal fees.

ICBC/my insurance company is already offering me a settlement. Why should I hire a lawyer?

Ask yourself this question: Do I have the specialized knowledge to value my claim? At EINFELD LAW, we have the knowledge, training and experience to properly assess value and manage your claim. In almost all situations, a lawyer is able to obtain a greater settlement than that proposed initially before hiring the lawyer. This is because we are able to calculate reasonable settlement ranges and provide the law and expertise to back it up.

Do I have to sue in order to receive compensation?

It is advisable to start the Court action, as there is a limitation date on claims, and if the date passes you will no longer have any rights to receive compensation. This is usually a precaution only, as fewer than 5% of all cases ever end up going to trial. The law suit process need not be frightening. We have years of experience in dealing with these matters and our goal is to take the strain off you so you can get better. Remember, not all lawyers have our substantial expertise nor are they even comfortable going to Court.

How do your fees work after the free consultation?

In most personal injury matters, our clients retain our services on a contingency or percentage fee basis, where our legal fees are paid from settlement moneys or damage awards that we collect for you. In addition, we will assist in the funding of your claim by arranging for the coordination and payment of medical, rehabilitation and other expert costs that may be required in the handling of your claim. Depending on the value of your claim, you may, in fact, be entitled to a contribution from the insurance company towards your legal fees.

How long will it take to settle my case?

The duration of a case usually is dependant on your injuries. It is important not to settle a case when it is uncertain how long your injuries will last. If your condition stabilizes or you have recovered, then the case can usually be settled quickly after that. Settlements or court awards are usually final and do not allow for further compensation in the event further problems develop. It is important that sufficient time passes for the medical profession to be able to give an informed opinion as to how your injuries may resolve or impact your future.

I was injured in a motor vehicle accident in which my spouse, family member or friend was driving. Should I be hesitant to make a claim?

A passenger always has a claim. Our auto insurance protects against claims by all third parties, even against family and friends. It’s the insurance company that pays, not them personally.

I was injured while shopping. It was the store’s fault. Can I claim?

If it can be shown that it was someone else’s fault or that the premises were not safe, you probably have a claim. Our no-charge consultation is there to advise you.

What are out-of-pocket expenses?

These are any expenses that you have paid for out of your own pocket that you incurred because of the injuries or treatment. Any expenses not covered by your general insurer should be given to us to take up with the Defendant insurance company (e.g. ICBC). For example, eyeglasses or clothing that were damaged in the accident, membership fees or tuition paid for incomplete education or recreation programs, film and developing pictures taken at the scene of the accident etc.), medications and user fees for therapy. If you are unsure if you should be including certain things as out-of pocket expenses you can write out a list for us to review. The insurer may, at their discretion, pay for these items, or else we include them in your claim when it is being settled.

My vehicle was damaged in the accident. Do you deal with this claim as well?

No, generally you should deal with the insurance company directly on vehicle related claims. However, we may include depreciation value as part of your overall claim if your vehicle is repaired instead of written off.

Who will be working on my case?

At EINFELD LAW, you can feel secure that you have some of the best lawyers in the Okanagan working on your case. Our team has the knowledge and skills needed to secure the best settlement possible for your case. In addition, our personable, well-trained legal support staff is there to assist in the conduct of your file. As a team, we are committed to providing quality legal services in an efficient manner. We listen to your needs to provide the help you require and most importantly we understand what you are going through and value your trust.

If I have a question about my case, who should I call?

We are available to answer your questions at 250-712-0001 or contact us by email.

How often should I see my doctor?

If you continue having symptoms, you must report this to your doctor on a regular basis. How many times you go depends on the severity of your symptoms. It is important to note that if you have ongoing symptoms, your doctor should be kept current in order to properly advise a course of treatment. More frequent complaints may lead to more aggressive treatment including referrals to specialists.

What if I need to see a specialist?

EINFELD LAW has connections with some of the best specialists in the country and will be able to get you in to see the right person for your injury. This includes rapid access to medical imaging such as MRIs where medically recommended. Generally, we can arrange appointments quicker than the average waiting period. We are very concerned about your medical needs and want to make sure you get the best possible care available. In addition to obtaining medical evidence of your injuries, we have the resources to retail the services of other experts including vocational consultants, occupational therapists, economists, or actuaries to ensure your future income losses are properly calculated. You do not have to advance these disbursement monies. Usually, these monies are recovered in addition to your loss and damage settlement.

What is the difference between my Tort claim and my no fault benefit claim?

In B.C., no fault benefits are available through ICBC to assist with your medical treatment and rehabilitation. These benefits cover some of your out-of-pocket needs such as medical bills, prescriptions and treatments such as physiotherapy, massage and chiropractic. It is available to provide some contribution to loss of wages or homemaker replacement. This claim is actually one you have directly against ICBC. The Tort claim is a claim against the person(s) who wrongfully caused your loss or injury. It includes those losses which your no fault claim didn’t fully cover. Additionally, it allows you to claim for:

(a) pain, suffering and loss of enjoyment of life

(b) past and future income loss including loss of earning capability (ability to earn)

(c) cost of past and future care

(d) in trust claims for services provided by family members

(e) out-of-pocket expenses

(f) a contribution to legal fees and disbursements

If the first consultation is free and EINFELD LAW will make sure I am taken care of and get the best settlement possible, why would I settle for less?

You wouldn’t! Which is why you should call or email EINFELD LAW today to set up your first consultation.