YOU AND THE LAW® YOU CAN SUE FOR PRE-APRIL 1, 2019 CAR CRASH Were you hurt in a car accident that took place before April 1, 2019? But don't wait till the last minute. See your trusted lawyer promptly to discuss your particular situation and to get the paperwork prepared and filed well in time. Well, don't delay. You can probably still sue for your injuries and get compensation if you weren't at fault for the accident. One important reason: The general two-year general limitation period is only one of many, typically shorter (sometimes much shorter) limitation periods that may apply in any particular situation. (It could be longer, too, for minors, say.) Limitation periods are a minefield, and they need to be carefully looked at right up front to see what applies in your case. But the final deadline to sue (especially for full "pain and suffering" compensation) is coming up. And you need to get your law suit started before your particular deadline. You probably know that car accidents occurring on or after April 1, 2019 have a $5,500 cap (maximum) on "pain and suffering" compensation for so-called minor injuries. But for accidents before April 1, 2019, this $5,500 cap doesn't apply. You could potentially get significantly more than that for your loss of life enjoyment (pain and suffering) alone. Another important point: Your compensation rights for other kinds of losses aren't affected by that $5,500 cap on pain and suffering. And wage loss, reduced earning capacity, care costs and other losses are often bigger losses than pain and suffering. So you can get compensation for these losses arising from car accidents that happened before April 1, 2019 as well as afterwards. And just because April 1, 2019 has come and gone doesn't mean you can't claim loss of life enjoyment compensation for pre-April 1, 2019 car accident And did you know? A brand new ICBC insurance regime is in the works. Basically, it's a no-fault system of insurance to be administered exclusively by ICBC. This new regime will do away almost completely with your ability to go to court for fair compensation if someone hurts you in a car crash. The plan is to have this new scheme go into effect on May 1, 2021. injuries. The key: We have rules, called limitation periods, on how long a time period you have in different kinds of cases (for breach of contract or medical malpractice, say) to start a court case. So if you've been injured in a car crash, take steps now to protect your rights to compensation from an at-fault driver. These limitation periods try to balance your rights (e.g. in car accident cases, to fully assess the extent of your injuries) with the other side's interest in knowing when they're safe and no longer at risk of being sued. This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) For car accidents, the general limitation period to officially start a court action is two years from the date of the crash. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Law" is a registered trademark. O Janice and George Mucalov. So check your calendar for the latest date when you can sue. MARVIN GEEKIE DAVID YEREMA Sw SalloumWatts Personal injury Law 200 - 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com YOU AND THE LAW® YOU CAN SUE FOR PRE-APRIL 1, 2019 CAR CRASH Were you hurt in a car accident that took place before April 1, 2019? But don't wait till the last minute. See your trusted lawyer promptly to discuss your particular situation and to get the paperwork prepared and filed well in time. Well, don't delay. You can probably still sue for your injuries and get compensation if you weren't at fault for the accident. One important reason: The general two-year general limitation period is only one of many, typically shorter (sometimes much shorter) limitation periods that may apply in any particular situation. (It could be longer, too, for minors, say.) Limitation periods are a minefield, and they need to be carefully looked at right up front to see what applies in your case. But the final deadline to sue (especially for full "pain and suffering" compensation) is coming up. And you need to get your law suit started before your particular deadline. You probably know that car accidents occurring on or after April 1, 2019 have a $5,500 cap (maximum) on "pain and suffering" compensation for so-called minor injuries. But for accidents before April 1, 2019, this $5,500 cap doesn't apply. You could potentially get significantly more than that for your loss of life enjoyment (pain and suffering) alone. Another important point: Your compensation rights for other kinds of losses aren't affected by that $5,500 cap on pain and suffering. And wage loss, reduced earning capacity, care costs and other losses are often bigger losses than pain and suffering. So you can get compensation for these losses arising from car accidents that happened before April 1, 2019 as well as afterwards. And just because April 1, 2019 has come and gone doesn't mean you can't claim loss of life enjoyment compensation for pre-April 1, 2019 car accident And did you know? A brand new ICBC insurance regime is in the works. Basically, it's a no-fault system of insurance to be administered exclusively by ICBC. This new regime will do away almost completely with your ability to go to court for fair compensation if someone hurts you in a car crash. The plan is to have this new scheme go into effect on May 1, 2021. injuries. The key: We have rules, called limitation periods, on how long a time period you have in different kinds of cases (for breach of contract or medical malpractice, say) to start a court case. So if you've been injured in a car crash, take steps now to protect your rights to compensation from an at-fault driver. These limitation periods try to balance your rights (e.g. in car accident cases, to fully assess the extent of your injuries) with the other side's interest in knowing when they're safe and no longer at risk of being sued. This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) For car accidents, the general limitation period to officially start a court action is two years from the date of the crash. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Law" is a registered trademark. O Janice and George Mucalov. So check your calendar for the latest date when you can sue. MARVIN GEEKIE DAVID YEREMA Sw SalloumWatts Personal injury Law 200 - 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com