What You Need to Know About Fractures and the ICBC Claim Process

In terms of the ICBC Claim Process, sustaining a bone fracture as a result of a motor vehicle collision in some ways puts you ahead of injured individuals who suffer other types of injuries.  This is because fractures are relatively quicker to identify through x-rays and can be readily diagnosed by medical professionals.  In other words, unlike other types of injuries, bone fractures can be easily seen and assessed.

This is not to say, however, that fractures are easy to deal with for the injured person.  Anybody who has suffered a bone fracture can attest to how much pain they can cause.  In addition, depending on the fracture, these types of injuries do not always heal easily or properly.

In particular, fractures that are known medically as “comminuted” fractures are those fractures where the bone has split into multiple pieces.  These types of fractures can be difficult to treat and often have a less certain prognosis.  Open fractures that involve wounds can also be complicated and may require debridement – a surgical treatment removing all dead tissue and dirt.

Bone Fractures and Dealing with an ICBC Claim: One Individual’s Experience

Paul T. (name has been changed to protect the privacy of the individual) was riding his motorcycle on a busy road one clear spring day when a car pulled out from a parking lot directly into his path.  Paul tried to swerve around the vehicle but it was too late and the right side of Paul’s body slammed into the vehicle.

As a result of the impact, Paul was thrown from his bike and landed 10 feet away.  When he looked down at his leg he saw a bone sticking out of an open wound and his limb twisted in an unnatural way.  He didn’t feel anything at first until his brain began to register excruciating pain.

By the time he had been admitted to the ER, he learnt that he had sustained serious fractures to his right leg, along with some more minor injuries, but was lucky to be alive.  Paul ended up getting surgery and had metal plates and screws inserted in his leg.  The healing process would be long and trying on Paul.

Rehabilitation through his ICBC Claim

After making an ICBC claim, Paul ended up going through an extensive rehabilitation program for his injuries, which his ICBC claim initially covered.

As the collision impact had resulted in the bone splintering in several pieces, his rehabilitation process was long and difficult.  On top of that, the healing ultimately resulted in a non-union of the bone – a complication of bone fractures that often translates into long-term effects.  The metal plate and screws in his leg also caused him discomfort.  In total, Paul underwent three surgeries as a result of his injuries.

When the first part of his rehabilitation session was over, Paul discovered that his ICBC claim no longer covered any further rehabilitation.  Paul could not walk without a cane, would no longer work in steel construction, and was still in an enormous amount of pain.  He felt very angry about his ICBC claim no longer covering the effects of his leg fractures.

Since Paul felt that his ICBC claim was being poorly handled in his case, he hired a lawyer well-versed in personal injury law.  He was fortunate to do so relatively early on.  As Paul had been very diligent in his rehabilitation efforts, his medical treatment providers knew exactly the extent to which Paul had been injured.  Paul also had several family members whom he kept in close contact with and had seen firsthand how his injuries had affected him.  As a result, Paul’s lawyer was able to find and present a variety of witnesses to the court.

Paul’s case also included medical evidence that showed exactly how the accident had affected Paul, and would continue to affect him.  His lawyer also retained various experts for their opinion evidence, drew up a plan of action, handled initial settlement negotiations with ICBC to try to settle the claim, and gathered all the documents needed to show the Court.

Paul ended up getting fairly compensated for the accident, and was able to get on with his life as best he could under the circumstances.  He knew that without having retained a lawyer, his ICBC claim would have left him well out of pocket for medical expenses, and in a much worse off position with respect to his future life plans that were radically changed as a result of the crash that was not his fault.

Getting Legal Help with Your ICBC Claim

Each case is different.  That’s why getting legal help is tremendously important when you’ve been injured in a car crash.  Most personal injury lawyers ask only for payment after you receive compensation.  In most cases, compensation for an ICBC claim is often more when you’re represented by a lawyer than if you’re not.  That means that even though a lawyer will take a portion of the compensation, what you receive at the end of the day will be more than if you had not retained a lawyer as your overall compensation will be more.

Although fracture injuries can sometimes mean an ICBC claim that is not as complex as an injury that is more difficult to assess and evaluate, the effects that stem from a fracture injury can be difficult to establish.  Make sure you get legal representation and the medical help you need if you’ve suffered a fracture injury as a result of a motor vehicle accident.

Surrey Lawyers serving Abbotsford, Chilliwack, Mission, Surrey, Metro Vancouver, and all of BC.