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Car Accidents

Collisions in BC

In 2007 there were an estimated 47,870 police reported motor vehicle collisions in BC. 25,997 people were injured and 417 were killed in those collisions. That's 5.5 collisions every hour, 131 collisions every day of the year. 71 people injured every day, 3 people injured every hour. At least one person is killed every day.

We understand the devastation that can occur as a result of being in a serious auto accident.  We can help you with your car accident, trucking accident, motorcycle or pedestrian accident, by providing you with the information you need to make informed decisions.

We only take a certain number of cases each year. We will review your case and discuss it with you, and if your case meets with our selection criteria, we may agree to take on your case. Even if we don't accept your case, you will have valuable information to continue with your case on your own, or we can provide you with names of other lawyers in your area who can assist you.

Studies have shown that auto accident injury claimants who hired a lawyer received about three and a half times better settlement than they would have if they had tried to negotiate their case alone.

Do you want straightforward information on how to find the best lawyer for your case? There are some simple steps you can take to get beyond the lawyer advertising.

Personal injury cases are vigorously defended by the insurance industry. The resources a defendant has to fight a case are endless. Insurance companies do not settle cases fairly and fully until you demonstrate to them that you have the expert witnesses, the resources and the lawyer who is going to beat them in court. Results matter.

Why Most Lawyer Advertising does not tell you anything.

Most lawyer advertising does little more than say "we are aggressive" or "we care for you" or "free consultation."  What's so special about a free consultation in an injury case, everyone does that.

With all of the car accident websites put up by lawyers and law firms (not to mention the numerous lawyer referral websites that are spending huge amounts of money to get good search engine placement) you would think that it might be just a little easier to get good, useful information about car accident claims and hiring the right lawyer for your case

This almost total lack of useful information is why I wrote my book and the special reports on motor vehicle, pedestrian, truck, motorcycle, bicycle and car accident cases in BC that are available on this website.

Before you hire a lawyer or deal with the insurance company on your own you should get Nanaimo Lawyer Ben Falkenberg's book, 11 Things You Can Do to Ruin your BC Car Accident Case by filling out the form to the right.

Here are some essentials of a BC car accident case.

In any personal injury or wrongful death case in BC the injured person, or plaintiff, must prove that the carelessness or negligence of another caused injury and the losses resulting from that injury.

Expert testimony is usually necessary to prove some parts of your claim. Expert testimony is generally needed to prove the extent of your physical injury and the relationship of those injuries to the defendant's negligence. Expert testimony is necessary to prove any other issues that are beyond the general knowledge of the Court, such as the extent your ability to earn a living has been impaired in the past and in the future.

In many, if not most, cases attempting to negotiate with the insurance company before filing suit is not a worthwhile endeavor.

Insurance companies use pre-suit negotiation only to attempt to find out as much about you as they can. If we accept your accident case it is because we believe it has merit. We will in most cases file your laswsuit before negotiating so that if negotiations break down we will already have a trial date in place to head towards. Without a pending lawsuit and trial date, the insurance company will not make any serious offers to settle your case.

Once the lawsuit is filed, both sides engage in the discovery process. Each party is allowed to investigate what it is the other side is going to say at trial. The defendant will be permitted access to your medical and work history, including your income tax records. You will be examined under oath at an examination for discovery, as will the Defendant. You may be required to submit to a medical examination by a physician of the defendant's choosing; this is called a Defence Medical Examination.

Dealing with Insurance Companies After A Car Accident

Although insurance companies and many lawyers consider auto accident claims routine, that just isn't true. Every car accident and every individual injured in an auto accident is unique. BC Car Accident Lawyer Ben Falkenberg knows that a wide variety of injuries can result from a car crash. Auto accidents may be caused by the negligence on the part of another driver, someone hauling a trailer, a truck driver or trucking company, a motorcycle, or the design and condition of the road or highway.

Insurance companies want you to believe that handling auto accident claims is a simple matter that does not require the assistance of a personal injury lawyer. That may be true in some cases, and you may not need a lawyer for all cases, but if you do decide to try to settle your case on your own, you should read Nanaimo lawyer Ben Falkenberg's book, The BC Car Accident Book first.  If you decide you want to do your case on your own, you should know that insurance adjusters are trained to reduce the amount of a settlement that you are paid. Your insurance adjuster does not work for you. They work for the insurance company and it is their job to minimize claims. That is true for adjusters who work for the insurance company and so called independent adjusters.

Car Accident Case Review

Contact us for a consultation regarding your car accident case to see if you have a case that we can assist you with. We can only take a certain number of cases each year, so we carefully review your case before we agree to take it on. We will review your case and if it meets with our case selection criteria, we may agree to assist you; even if we cannot assist you, we will refer you to another lawyer who can.

Nanaimo lawyer Ben Falkenberg handles cases all over the Province of British Columbia (BC).

Cost of Legal Services

The cost of legal services is always a major concern for people who have been injured in an automobile accident and may be unable to work.  If we agree to take your case, we offer our legal services on a contingent fee basis.  A contingent fee is a percentage of the amount of the recovery, paid at the conclusion of the case.  There is no fee until there is a successful resolution of your case. If there is no recovery there is no fee.

Studies have shown that auto accident injury claimants who hired a lawyer received about three and a half times better settlement than they would have if they had tried to negotiate their case alone.