The Surrey whiplash injury lawyers at MacLean Personal Injury are pleased to provide the best Surrey whiplash injury lawyers tips. In today’s Blog, personal injury lawyer Spencer MacLean, points out the causes, treatments and difficulties presented in successfully resolving a mild to severe Surrey whiplash injury case. Spencer can be reached directly at 604-697-2804 to avoid delay.
Best Surrey Whiplash Injury Lawyers Tips-The Lawyer You Hire Matters
Hiring the best Surrey whiplash injury lawyer can help you obtain the highest fair monetary damage settlement for your whiplash injury. The experienced Surrey car accident whiplash injury lawyers at MacLean Personal Injury will meet with you for free at any of our 5 offices across BC at your home or even at the hospital. Today we are going to provide the Best Surrey Whiplash Lawyers Tips to help you understand how a generous money settlement is obtained.
When you have an accident it is just as important to get the best personal injury lawyer advice as it is to get top medical treatment. We know when you are injured it is not about the money it’s about justice, THEN it is about the money.
Best Surrey Whiplash Injury Lawyers Tips-How ICBC Approaches A Surrey Whiplash Injury
One of the problems with whiplash cases is that the injury is not visible to the naked eye. The excruciating pain and suffering caused by the whiplash injury is only experienced by the injured victim and does not show up on X-rays like a broken bone.
ICBC has an internal guide they use for settling cases which is believed to look something like this:
- Mild Injuries: $0 – $6,500 for non-pecuniary damages
- Mild/Moderate Injuries: A maximum of $10,000 for non-pecuniary damages
- Moderate Injuries: A maximum of $15,000 for non-pecuniary damages
ICBC has considerable skepticism for these injuries and is often very resistant to settling cases involving severe whiplash injury which can morph into chronic pain syndrome and other psychological complications.
Best Surrey Whiplash Injury Lawyers Tips-How the Court Approaches A Surrey Whiplash Injury
The BC courts have commented on the difficulties faced by a whiplash injury victim in obtaining fair and generous compensation for pain and suffering and economic loss. We help you prove your suffering to the court in the face of routine ICBC skepticism:
 The case of Price v. Kostryba (1982), 70 B.C.L.R. 397 (S.C.), is often cited as a reminder of the approach the Court must take in assessing injuries which depend on subjective reports of pain. At 397-399 of the reasons for judgment, Chief Justice McEachern wrote:
The assessment of damages in a moderate or moderately severe whiplash injury is always difficult because plaintiffs, as in this case, are usually genuine, decent people who honestly try to be as objective and as factual as they can. Unfortunately, every injured person has a different understanding of his own complaints and injuries, and it falls to judges to translate injuries to damages.…
Perhaps no injury has been the subject of so much judicial consideration as the whiplash. Human experience tells us that these injuries normally resolve themselves within six months to a year or so. Yet every physician knows some patients whose complaint continues for years, and some apparently never recover. For this reason, it is necessary for a court to exercise caution and to examine all the evidence carefully so as to arrive at fair and reasonable compensation. Previously decided cases are some help (but not much, because obviously every case is different). ……
In Butler v. Blaylock, decided 7th October 1981, Vancouver No. B781505 (unreported), I referred to counsel’s argument that a defendant is often at the mercy of a plaintiff in actions for damages for personal injuries because complaints of pain cannot easily be disproved. I then said:
I am not stating any new principle when I say that the court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery.
An injured person is entitled to be fully and properly compensated for any injury or disability caused by a wrongdoer. But no one can expect his fellow citizen or citizens to compensate him in the absence of convincing evidence – which could be just his own evidence if the surrounding circumstances are consistent – that his complaints of pain are true reflections of a continuing injury.
It’s crucial you have a lawyer who understands Surrey whiplash injuries and who can translate the pain you suffer from to a judge and jury as well as the ICBC adjustor.
Best Surrey Whiplash Injury Lawyers Tips – How Whiplash happens and How To Treat It To Recover
Dr Gerard Malanga explains:
How Whiplash Happens
Whiplash occurs when a person is rear-ended in an automobile. This causes movement of the structures within the neck changing the normal curve of the upper back and neck. The sudden backward movement (extension) and forward movement (flexion) can cause the joints of the neck to be injured and can also cause the muscles and ligaments of the neck and upper back to be over-stretched. The neck is particularly vulnerable to this type of injury because of its ability to move in many directions. If you have ever been in a rear-end car collision, you may have experienced this type of injury.
Most cases of whiplash are treated using conservative methods such as:
- In most cases patients are encouraged to remain as active as possible, use a cervical collar, take pain and inflammation reducing medications, undertake physiotherapy treatments;
- In more severe cases of whiplash, additional treatments may be necessary. Patients with continued neck pain may find relief from trigger point injections
- If symptoms persist for more than 6 weeks, it may be due to a more severe injury involving the facet joints or discs. These can be treated with careful use of injections and other procedures that try to block the area of pain. In patients with evidence of a pinched nerve from a whiplash injury surgery mat be necessary in some cases.
Best Surrey Whiplash Injury Lawyers Tips – Don’t Accept ICBC Telling You That Your Surrey Whiplash Injury Is Minor!
Overwhelming evidence exists that injured victims who hire experienced Surrey Whiplash Injury Lawyers obtain better money settlements than do unrepresented victims dealing with highly trained ICBC adjustors and defence lawyers. Pick up the phone now and call Spencer MacLean at 604 697 2804 and the rest of the personal injury lawyer team at MacLean Personal Injury.
Don’t follow an accident with an even bigger mistake. Call us now toll free across BC at 1-877-602-9900.