Personal injury lawsuits.... Thoughts??

Reccos

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It is not easy to do espec. if it is not a good, clear case and not just a bad tackle and freak injury.

There is a kick in the head case in this article involving a BC Soccer Assoc. sanctioned game.
Very complicated situation this one here:
http://www.mckercher.ca/common/uploads/resource/Article - Wandzura - November 2011 - Sport-Related Insurance Issues (R0645498).PDF

A more clear cut ski case is this one but who knows if the person was able to get more than a dry judgment here. This is negligence where the rules were broken and no doubt there were witnesses. If some insurers paid out some of this stuff the person won't be able to double dip and collect twice. It might just get their work insurer their money back, etc. They will get the whole sum of the General Damages (pain and suffering, non-pecs).

A lawyer on a contingency fee could take in BC up to 33 and1/3% of this. And if the suit is lost the plaintiff can be on the hook for the defendant's costs in part.

http://www.bormioforumneve.eu/Moore15_revisions.pdf

Milsom v. Verron 2005 Carswell BC 2428
Facts
On her first day of a ski holiday in 2004 at a ski resort known as Sun Peaks in central British
Columbia, the 50 year old Plaintiff was hit by the defendant near the bottom of the slope in
an area marked for slow skiing. As a result, the plaintiff suffered injuries to her right knee.
The injury required surgery and a post operative regime of rehabilitation. The plaintiff was a
very physically active person and was employed as a physical education teacher. The claim
was made against the skier that hit the plaintiff only and not as against the ski area. As no
one appeared for the Defendant at the trial, liability was not an issue and all that the court
was required to do was assess damages.

Damages were assessed as follows:
i) General Damages-$25,000.00
ii) Special Damages-$17,624.59
Housekeeping-$10,000.00
Massage and Physiotherapy-$5,929.59
Private Doctor Consultation-$200.00
Private MRI-$875.00
Parking-$520.00
iii) Past Income Loss-$33,800.00
Total- $75,324.59
 
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trece verde

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Point of information: BCSA insurance is supplemental only. That means that your own medical insurance coverage has to get tapped first before AllSport gets involved with the BCSA insurance policy. Wish this player luck.
 

JAGS

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Trece .... it is not supplemental. BC Med is always primary, but this policy is supplemental until proven otherwise vs. other coverages, and then it is just a bitch session between Insurer v. insurer. I have not weighed in on this as it is a wee bit close to home for me. If she chooses to file an action, then all the power to her. Does not sound like a frivolous action at all, based on the facts presented. Of course, there is always the defence side of the story ....... and then the third side of the story is usually the truth. Injuries are probably clearly documented, so it is a liability argument. If it is considered an 'intentional act', then based on the 'Doherty' decision, it might be an uphill battle for insurance $$$$. If the defendant has no insurance coverage, then possibly a 'dry judgement' which will then hinge on the strategy and how agressive the Paintiff lawyer is. However, if Bc soccer or the League/ Ref is considered even 1% liable, there is a 'joint and several' argument in place, so they might be on for 100% of damages. Based on report of the Ref's action, or inaction there appears on the surface of things to be at least some exposure. Then the Insurance $$$$ comes back into play. As for witnesses, even if you cooperate or not, you can be supoenaed and have to appear, and tell the truth, the whole truth and nothing but the truth .... blah blah blah. If you choose not to, you are subject to arrest. In other words, easier to appear, be honest as to what went on and move on.

My personal opinion is that, if it is truly outside of the game,it is subject to criminal and civil rules and they should be enforced. Unfortunate thing is that those truly responsible hardly ever pay, and it ends up with Insurance to fund. Easy to say that Insurers should defend on principal, but nothing can be litigated effectively and cost effectively under $100k. And you wonder why your fees are so expensive.

So much for not weighing in.

JAGS
 

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