Diminished Housekeeping Capacity

In my last post before taking a hiatus (November 2006), I wrote about how the law is changing to better reward unpaid housework which is largely performed by women.  Since then I have done two trials where loss of housekeeping capacity formed a significant part of the award.

In O'Rourke v. Everett, 2009 BCSC 1277, the judge awarded my client $18,720 for loss of housekeeping capacity.  The replacement work was performed by her husband.  The law does not, nor should it, require that the work be paid for by an outside provider.  The logic is that wealthy people can afford to replace the loss of housekeeping services, where modest income people could not.  Therefore the rich would be receiving better treatment under the law. In reality, that statement is probably true, however, our courts in British Columbia strive to develop case law consistent with equality values in the Charter of Rights and Freedoms.  Read the case for yourself:

http://www.courts.gov.bc.ca/jdb-txt/SC/09/12/2009BCSC1277.htm

In Grewal-Cheema v. Tassone, 2010 BCSC 1182 the judge awarded $12,000 for loss of childcare services for the time that Ms. Grewal-Cheema was attending rehabilitation treatments.  Ms. Grewal-Cheema's husband rearranged his schedule to look after their child while his wife was at treatment.  The loss, however, is Ms. Grewal-Cheema's and not the husband's.  This type of claim is easy to overlook, but can be the difference between winning and losing a case.  Here is a link:
http://www.courts.gov.bc.ca/jdb-txt/SC/10/11/2010BCSC1182.htm

To my colleagues - I encourage you to push the law to drive towards equality.

To my clients - I give you my committment to know the law and search out evidence with you to prove all elements of your ICBC claim.

Adjustable height desk

When I moved my practice to McComb Witten, I purchased an adjustable height desk.  Having used it now for a while, I can easily say it is one of the best purchases I've made in a long time!

I bought the frame only from Geekdesk.  It comes with an electric motor which raises the height of the desk to any convenient level.  I can go from sitting to standing in about 20 seconds. 

For the desk top, I purchased a Gallant table top from Ikea and mounted it with some screws.  To give me some extra desk space, I purchased an extender and a separate 3 foot table top with stationary legs (my phone, head set and other items remain on the non-adjustable part of the desk).  Total desk space is about 78in x 78in L-shaped desk.

The desk does, however, have some limitations.  A coworker came into my office and abruptly leaned heavily on the extender which is not supported.  The extender gave way pretty quick in a rather large crash.  I had to remount the extender, but I haven't had any problems since.

I'm into the desk for about $1250 Cdn.  There are other options for a three legged adjustable height desk at Ergodepot which look to cost about $3000.  Considering how much I like my adjustable height desk, either would be a good option.  The Ergodepot desk would be a little more stable if someone leaned on it!!!

Personally, I go from sitting to standing about 2 times a day, with some days all sitting - some days all standing.  I found my posture improve within a few weeks!

PT Health Physiotherapy

I would like to thank all of the physiotherapists that came out for the presentation on giving evidence at trial in a vancouver personal injury claim.

It is a testiment to the committment to their clients that PT Health and their physiotherapists are learning the skills needed to help their patients.

If you need a physiotherapist for your car accident in Vancouver, Burnaby, Surrey, Squamish, I can recommend the committed people at PT Health.

Game 7

Ok...if there were ever a time for clouds to part and have the hockey gods shine down on Vancouver Game 7 is the time!!!

Please, please, please, please...we want The Cup.  We deserve The Cup.  Now is Vancouver's time!!!

ICBC Claim goes sideways

As I was getting my news (Canucks) hit from the Vancouver Sun, I saw a link to an article titled:

B.C. woman rear-ended in accident may lose driver's licence

www.vancouversun.com/technology/woman+rear+ended+accident+lose+driver+licence/4832794/story.html

The story is essentially about a woman who was injured in an accident that wasn't her fault, but she still owes money to ICBC to the tune of about $42,000.

The issue this woman faces is that, according to the judge, she seemed to have sued the wrong person.  The person that ran into her said she slipped on an oily substance on the road.  The owner of the vehicle leaking the oily substance was not discussed by the judge, but it seems that she did not sue the "John Doe" or ICBC.  I don't know when she hired her lawyer, but the person that was negligent was not known to her and the hit and run provisions would have applied to her.

If you have a hit and run situation, you have very, very strict obligations - failing which your claim could be dismissed and you would owe money just like this poor lady.  It highlights the importance of hiring a lawyer for your ICBC claim.

If you have questions call me at McComb Witten at 604-255-9018.

ICBC Claims and Storytelling

I read a book a number of years ago that crystalized to me what my role as a trial lawyer is when I present a case in court. The book:

Theatre Tips and Strategies for Jury Trials, by David Ball

Essentially, when presenting a case in court for an ICBC claim, I a storyteller. The story is how the personal injury impacted my client's life. The story is told through characters (witnesses).

It is such a simple concept, but so powerful. A good storyteller thinks about his/her audience and takes the audience to the conclusion and lets the audience draw the conclusion.

In a subsequent book David Ball writes that a trial is about whatever you spend the most time on....a pretty similar thread as to what Brian Tracy says about life in general (see an earlier post).

Hmm...all of the pieces seem to fit together like a puzzle!

On being a system for evaluating evidence

This morning I was listening to a audioCD on the way in to work. The key piece of advice from this Brian Tracy CD was that "you become what you think about most of the time". And I thought..."(bleep) I'm going to become a system for evaluating evidence if I'm not careful!!"

Actually, I think it is pretty powerful advice. So much so, that I have listened to the CD on the drive home on each off night of the playoffs.

I suppose his point is that focusing on negative things that happened in the past will actually project them forward and impact your life into the future. If you think about what you want and how you are going to get it, most of the time, then you are bound to start taking steps to make that goal happen.

Seems worth a try to me!!

Back to Blogging

Well, it is amazing what a few big trials, getting married and having a couple of kids will do a person's blog!!! 4 years. 4 years since my last post. I had to do a google search for Personal Injury Lawyer Blogger just to find my own blog!!!

Well, I'm back and back to posting.

I have recently moved my practice to:

McComb Witten, Personal Injury Lawyers
210 - 2730 Commercial Drive,
604-255-9018

I still only represent BC residents injured in car accidents. Most of my clients have ICBC claims, but sometime the other driver is not insured with ICBC.