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We Know. We Care.

For 35 years, Correia & Collins has provided injury victims in Saint John and throughout New Brunswick with the knowledge, comfort and care they’ve needed, exactly when they needed it.

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Here, For You.

Correia & Collins was established in Saint John, New Brunswick in 1993 by Christopher M. Correia, QC and Timothy M. Collins, P. Eng.

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Areas of Practice

Personal Injury
Construction Litigation
Insurance
Commercial General Liability

Chris Correia

“A deep-seated desire to advocate for others is what has guided my life’s work.”

chris@cclawyers.ca506-648-1707

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Chris Correia

“A deep-seated desire to advocate for others is what has guided my life’s work.”

chris@cclawyers.ca506-648-1707

Meet Chris View Profile

Tim Collins

“I realized I could use my unique skill set to do valuable work: helping bring justice to those who deserve it.”

tim@cclawyers.ca506-648-1712

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Tim Collins

“I realized I could use my unique skill set to do valuable work: helping bring justice to those who deserve it.”

tim@cclawyers.ca506-648-1712

Meet Tim View Profile

Dennis Gonzalez

“Representing my clients and obtaining the best results for them is my focus.”

dennis@cclawyers.ca506-648-1709

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Dennis Gonzalez

“Representing my clients and obtaining the best results for them is my focus.”

dennis@cclawyers.ca506-648-1709

Meet Dennis View Profile

Kendra Correia

“I’ve come to appreciate the significance of having an effective lawyer for representation.”

kendra@cclawyers.ca506-648-1799

Meet Kendra View Profile

Kendra Correia

“I’ve come to appreciate the significance of having an effective lawyer for representation.”

kendra@cclawyers.ca506-648-1799

Meet Kendra View Profile

Frequently Asked Questions

The legal and insurance process can be overwhelming for injury or accident victims and their loved ones. Our team of experienced lawyers has compiled a list of answers to your most commonly asked questions. We hope you find them helpful.

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Legally Speaking

Our Legally Speaking series offers valuable information on the law in New Brunswick.

Is your seatbelt buckled?

Seat belts are crucial to protecting the safety of you, and other passengers in the event a crash occurs.

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The rules that apply to roads and highways also apply in parking lots

Contrary to popular belief, fault for a parking lot accident does not have an automatic liability split. 

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Look out for the symptoms of a concussion

If you or someone you know has been in a motor vehicle accident, it is important that you look out for the symptoms of a concussion

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View More Topics

Legally Speaking

Is your seatbelt buckled?

You probably remember being asked this question when you were a child waiting patiently in the backseat of a car for your next adventure to begin. For most of us, wearing our seat belts is automatic anytime we are in a moving vehicle. If it’s not, it should be.

Seat belts are crucial to protecting the safety of you, and other passengers in the event a crash occurs. So much so, the law has recognized for several years now, that a driver or passenger who is not responsible for a collision but suffers injury, will be held responsible to a certain degree for their own injuries.

New Brunswick’s Insurance Act automatically reduces compensation claims by 25% for people who are injured or die in a motor vehicle accident if they failed to properly wear a seat belt at the time of the collision. The only way to rebut the automatic deduction is by proving the failure to wear a seat belt did not contribute to the bodily injury or death – a feat that is rarely successful.

So, next time you gear up for your next adventure remember to ask yourself “is my seatbelt buckled?”

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free. 

Reference: Insurance Act, RSNB 1973, c I-12.

Legally Speaking

The rules that apply to roads and highways also apply in parking lots

Most have been told the popular myth that fault for an automobile accident in a parking lot is always 50/50. However, contrary to popular belief, fault for a parking lot accident does not have an automatic liability split.

In fact, it is important for drivers to know that the rules of the road apply to parking lots just as they do highways. This is why many parking lots are equipped with traffic controls such as stop signs and lanes – they are not designated free-for-alls.

For example, New Brunswick’s Motor Vehicle Act says that a driver who fails to drive without due care and attention in a parking lot commits an offence.

With that said, parking lots can make fault determination more complicated if their designs do not have marked lanes or signage. The way liability is determined for a parking lot automobile accident will largely depend on how that specific accident occurred. Therefore, when driving through a parking lot always be sure to:

• wear your seat belt;

• drive slowly;

• stick to designated lanes (do not drive through marked parking spots);

• respect stop signs and intersections as you would on a main road;

• be attentive to pedestrians – especially small children; and

• check your surroundings to make sure you can back up slowly before reversing out of parking spot.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

Look out for the symptoms of a concussion

In the last decade, you’ve probably noticed hearing a lot more about concussions in relation to sports injuries. In our practice, many of the victims we represent have received concussion and/or post-concussion syndrome diagnoses’ following motor vehicle accidents.

Concussions are the result of the brain shifting within the skull. This can be caused from direct impact to the head, or an acceleration-deceleration injury (whiplash). Concussions can occur without loss of consciousness. The recent growth in the amount of research on concussions (medically known as mild traumatic brain injuries) has been crucial to the diagnosis and treatment of concussions.

The impacts of a concussion and length of treatment varies from person-to-person and is known to impact men and women differently. It’s important to recognize the signs of a concussion to ensure you receive early and proper treatment. Symptoms to look out for include:

– headache
– ringing in ears
– nausea/vomiting
– dizziness/vertigo
– fatigue or drowsiness
– blurry vision and/or sensitivity to light
– memory loss, confusion or feeling “brain fog”

More information on concussions can be found here: https://bit.ly/3jxymsq.

If you or someone you know has been in a motor vehicle accident, it is important that you look out for the symptoms of a concussion. If you are experiencing symptoms that may signal a concussion, be sure to report it as soon as possible to your physician who is trained to investigate, diagnose, and treat.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free. 

Legally Speaking

Get to know No-Fault Benefits

Many people who are injured in motor vehicle accidents are faced with an overwhelming amount of new medical treatments and expenses. These can include doctor visits, physiotherapy, and massage therapy.

Section B of your insurance policy provides what are called “no-fault benefits” to persons injured in automobile accidents. The medical portion of no-fault benefits includes coverage for treatment such as:

– physiotherapy

– massage therapy

– pain medication

– adaptive aids/reequipment (TENs machine, walking cane, etc)

– mileage for travel to treatments

If you have private health insurance, you are required to process it through private insurance first, and then any remaining cost to your automobile insurance company.

To qualify for the medical coverage, the treatment must be recommended/ordered by a doctor to treat injuries resulting from your motor vehicle accident.

We often receive calls from people injured in car accidents whose car insurance company has refused to pay for medical treatment (especially physiotherapy or massage therapy) even though the family doctor has ordered it.

New Brunswick Courts have been clear that reasonable expenses for those types of treatments are in fact recoverable – regardless of whether the insurer or the insurer’s medical advisor agrees.

The patient also has the right to choose the clinic at which the treatment is received.

If you are having issues getting your insurance company to cover medical expenses recommended by your doctor, we encourage you to contact a lawyer to assist in enforcing your benefits.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

New Brunswick’s Limitation Period for Personal Injury Claims

We’re often contacted by injury victims who are concerned because they have been told there is a two-year anniversary approaching and they need to settle their claim before that date. This is not true.

For injury victims in New Brunswick, there is a “limitation period” of two years to sue the person who caused your injury. This does not mean that a settlement must be reached within two-years from the date your injuries were caused. It simply means you must file a lawsuit in court before the two-year expiry if you have not settled your claim before that time. In other words, you file a lawsuit to preserve your claim.

The best time for settlement depends entirely on the victim and their recovery. For some, settling within two years from the date of incident/accident can be too soon. Settlement should only be pursued when you have reached the end of your recovery – what is commonly referred to as “maximum medical improvement” (MMI). It is important to wait until MMI to be able to have a grasp on what your future is going to look like following your injuries. This can include a variety of costs such as those related to treatment, lost income, retraining expenses etc.

The two-year period is described as a “general” limitation period and applies to personal injuries and car accidents.

For minors, the limitation period does not begin to run until they have reached the age of 19.

If the two-year anniversary of your date of incident/accident falls within the period March 19, 2020 to September 18, 2020, you may have extra time to sue because of an exception created during the COVID-19 pandemic.

In New Brunswick, there is no limitation period on civil actions for victims who have been sexually assaulted.

If you’ve been injured and are concerned about a limitation period, we encourage you contact a lawyer to advise you on whether your claim may be barred.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

5 Things to Remember in Case of an Accident

No matter how minor, being in a motor vehicle accident can be an overwhelming event.

Here are a few important things to remember if you are involved in a motor vehicle accident:

 

  1. Report to Police  

It’s common for people to not want to go through the process of calling the police to an accident scene. However, having the police report to an accident is important for two reasons. First, it results in an official record that the accident happened. Second, the police will identify all parties involved, including getting the registration and insurance information for each vehicle.

Reluctance to call the police is often due to the fear of getting someone in trouble, or not feeling that you may be injured. Often, it is hours to days later when a victim realizes they are experiencing injuries from a motor vehicle accident. Therefore, we always recommend exercising caution and calling the police just in case.

 

  1. Exchange Identification  

It is helpful for all drivers involved to exchange information such as names and phone numbers. Even better, use your phones to take a photo of each others’ driver’s license to eliminate any room for error.

 

  1. Exchange Insurance Information  

Following your accident, it is important to know the insurance information of the other driver(s). This is particularly important for reporting the accident to your own company. It will also be useful for you and your legal counsel to know which companies are involved if you decide to pursue legal action.

 

  1. Exchange Vehicle / Registration Information  

The more information you can share upfront, the better.

Having Vehicle and Registration information helps you better identify the vehicle(s) involved and identifies who the registered owner of the vehicle is.

 

  1. Seek Medical Attention 

If you are injured at the scene of the accident, be sure to seek medical attention for assessment as soon as possible, either by ambulance and/or hospital.

Seeking medical attention is important to diagnose any injuries and to rule out anything serious you may not identify right away.

 

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

Chronic pain: a victim’s roadmap following a personal injury.

One of the most challenging outcomes for accident victims are injuries that result in chronic pain.

We typically categorize clients as suffering from chronic pain where pain lasts six months or more from the date of injury. When the injury is catastrophic (e.g., loss of limb or severe spinal cord injury), chronic pain is often expected.

However, most other chronic pain victims face two common obstacles for compensation and treatment:

  1. their pain extends beyond the “typical” recovery period; and
  2. their disability is “invisible” in that there often is not obvious evidence of disability both to the average person, and on diagnostic testing, such as MRIs.

Helping chronic pain patients requires us to keep in mind that statistics used to establish a “typical” recovery apply to majority of the population, but there are those who fall outside of that grouping.

Those suffering from chronic pain have a range of options for medical treatment including:

  • physical treatments (physiotherapy, massage therapy, chiropractic treatment, occupational therapy, and kinesiology etc);
  • medicinal treatments (various types of injections, nerve blocks, cannabis products etc); and
  • psychological treatment including consulting on acceptance and pain management techniques.

Which treatments are explored depends on the individual patient and should be discussed with your medical treatment provider. It is important to know that no-fault benefits (Section B) run out 4 years from the date of a car accident.

Three important things we, as your lawyers, must consider in valuing your claim for compensation as it relates to your chronic pain are:

  1. Lifestyle – impact on your lifestyle, relationships, and activities.
  2. Income – whether it has and/or will impact your employment/income.
  3. Treatment – any ongoing cost of care/treatment.

Your treatment providers, along with your family physician, play important roles in assessing and documenting ongoing suffering from chronic pain and how it impacts your employment, daily activities etc.

In some circumstances, we may use qualified experts outside of your medical team to help assess/prove any degree of pain and disability to ensure fair compensation for income, retraining, and cost of care. This can include physiotherapist examiners, specialist physicians, forensic accountants, and vocational specialists.

Correia & Collins represents accident and injury victims. If you or someone you know is suffering with chronic pain from a personal injury, contact us by phone at (506) 648-1700, or online for advice. Your first consultation is free.

Legally Speaking

Section D: Navigating Injury Claims When the At-Fault Driver is Uninsured or Unidentified

Although automobile insurance is mandatory in New Brunswick, the sad reality is that many drivers are uninsured.

Further, hit-and-run accidents are common, and the drivers are not always located or identified.

Accident victims (drivers, passengers or pedestrians) should know that there is coverage to pay their claims against the at-fault driver if the victims are occupants of an insured vehicle or have their own automobile policy.

In New Brunswick, your own insurance policy includes “Section D”, which provides for coverage in circumstances where you are injured in a motor vehicle accident and the person who caused the accident:

  1. Does not have insurance; or
  2. Left the scene of the accident without being identified.

When it is determined that the at-fault driver has no insurance or cannot be identified, Section D coverage is in place to make a claim, having your insurance company assume the role of the at-fault person.

Important things to note about Section D claims:

– It can be accessed under your own automobile insurance policy, even if the accident does not involve your vehicle (i.e. you are a passenger or a pedestrian);

– It can also be accessed by victims who do not have their own automobile policy, but fall under another’s (i.e. belonging to a parent);

– Section D claims will not impact premiums for the policy owner; and

– The maximum recovery that can be obtained under a Section D claim is $200,000.

If you have been injured in a motor vehicle accident and are concerned that the person at-fault has no insurance or you are unable to identify them, we encourage you contact a lawyer to advise you on your options.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free. 

Legally Speaking

Long Term Disability (LTD) – Myths / Misconceptions

In our experience, there are three (3) top myths regarding Long Term Disability (“LTD”) Insurance. Below we address those by giving you the facts to debunk common misconceptions.

 

  1. Appeal

 

MYTH:

If denied benefits, the insured person must appeal through the insurance company internally.

 

FACTS:

– there is no need to follow the internal appeal procedure of the insurance company.

 

– most of the time the internal appeal simply delays the filing of a lawsuit as appeals are almost never successful. That delay causes hardship to the insured person since the very reason they are applying for the benefits is that they have no money.

 

Recommendation: seek advice from an experienced lawyer / law firm that understands how LTD benefits work.

 

  1. Objective Evidence

 

MYTH:

The insured person cannot receive LTD unless there is “objective evidence” of disability (such as an x-ray or MRI).

 

FACTS:

– This is simply not true.  Objective evidence can be helpful, but it is not necessary.

 

– In fact, most disabled persons are disabled by reason of chronic pain and/or psychological /emotional issues.

 

– There are methods that have been accepted by our courts for assessing and proving the degree of disability.

 

  1. Benefit Period

 

MYTH:

The insured person’s benefits stop at two (2) years.

 

FACTS:

Benefits usually continue after 2 years, unless the insured person can work at an occupation for which they are qualified, and which would pay an amount relatively close to the amount that they were earning from their own occupation.

 

Additional Comments:

 

  1. You may also wish to see our post/article regarding chronic pain, which gives a more detailed discussion on how we would prove disability for people who suffer with chronic pain.

 

  1. Canada Plan Pension Disability (“CPPD”) – most people who have been disabled more than one year should apply for CPPD benefits. This is also a requirement of some LTD companies. Helping disabled persons with those applications is part of the service your lawyer provides.

 

Correia & Collins represents disabled persons in disability insurance disputes. Contact us by phone 506-648-1700 or online for advice. Your first consultation Is free.

 

 

 

 

 

 

 

 

 

 

Legally Speaking

Navigating your Rights as a Pedestrian

During this time of year, daylight is shorter, and we see a higher frequency of pedestrian-vehicle accidents.

Our experience has taught us that, in New Brunswick, pedestrians are often unaware of their rights and access to insurance benefits. Here are some helpful things to know if you or a loved one is a pedestrian struck by a vehicle.

Section B Insurance

Every motor vehicle insured in New Brunswick carries what’s known as “Section B insurance”. Section B Insurance covers medical costs, income benefits and death benefits. A pedestrian struck by a motor vehicle has access to those benefits.

For more information on Section B benefits, please click the following link:

Section B

Crosswalks and the Right of Way

Just as roads and highways have specific rules, crosswalks are designated areas where pedestrians typically have the right of way. Vehicles are legally required to yield to pedestrians within marked crosswalks. However, it’s important to note that there may be instances where the right of way at a crosswalk is determined by traffic signals and local regulations.

 

Walking on Roads

If there are no sidewalks available, pedestrians walking along or on a highway should, whenever possible, walk on the left side of the road or its shoulder, facing oncoming traffic. However, vehicles also bear the responsibility to be vigilant and cautious around pedestrians, especially in areas without designated sidewalks.

 

Conclusion

There are many proactive steps both drivers and pedestrians can take to avoid a pedestrian-vehicle accident. Here are a few tips:

  • Respect Crosswalks – always yield to pedestrians in crosswalks, and pedestrians should use crosswalks whenever possible.

 

  • Stay Attentive – both drivers and pedestrians should remain attentive to their surroundings to prevent accidents.

 

  • Follow Traffic Signals – pedestrians should adhere to traffic signals, and drivers should respect signals indicating pedestrians have the right-of-way.

 

  • Exercise Caution – drivers should exercise extra caution in areas with high pedestrian traffic, such as near schools, busy intersections, and parking lots.

Understanding these principles can contribute to a safer environment for both pedestrians and drivers alike.

If you are a pedestrian and have been involved in an accident, we encourage you to contact a lawyer.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

 

 

Legally Speaking

Occupier’s Liability / Slip and Falls: What Should You Do?

Slip and falls happen quickly and unexpectedly. A small patch of ice in front of the grocery store, a puddle of water inside a store, or a box falls off a shelf; incidents happen without warning. If you’ve experienced an injury at a property, you may have legal rights.

Immediate Steps after a Slip and Fall:

  • As soon as possible, report the incident to the owner or management of the premises where the incident occurred. This creates an official record of the incident, which may be important for any claims.
  • If you are physically able, or if you have a friend or family member present, take clear photos of the location where the incident happened. Try to capture any hazardous conditions, such as wet floors, uneven surfaces, or inadequate lighting.
  • Take note of any surveillance cameras in the area. If possible, ask the building owner or management about the existence of video footage covering the location where the incident occurred.
  • Even if your injuries seem minor or may not be apparent immediately, it is crucial to seek medical attention promptly.

Other Considerations:

  • If there were any witnesses to the incident, it may be wise to obtain their contact information. Witnesses can help provide independent accounts of the incident.
  • Keep the clothing and footwear you were wearing at the time of the incident.
  • If relevant, note the weather conditions at the time of the incident. For example, rain, snow, or ice may exacerbate hazardous conditions.
  • Be aware of any technical requirements, or consult a lawyer if you are unsure. For example, as per the Local Governance Act, incidents which occur on a municipal property are required to be reported within 90 days after the incident occurs.

By taking these steps, individuals who have experienced a slip and fall protect themselves by ensuring that they are able to address any potential claims they may have.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

 

Legally Speaking

You Don’t Know What You Don’t Know

Car accidents can be confusing, with lots of legal technicalities and nuances, navigating the aftermath can be overwhelming. Throughout our many years representing accident victims, we have encountered common misunderstandings that can impact a person’s understanding of their rights and benefits.

Here are five points to help clarify those common misunderstandings:

  1. Private Health Insurance vs Section B Benefits in New Brunswick

In New Brunswick, under Section B of your motor vehicle policy, your insurer will reimburse you for medical treatment. If you have a private health insurance for medical and income, however, that coverage must be exhausted before accessing Section B. We can usually recover what your private insurer has paid and restore them to you.

  1. Passenger Coverage: It’s About the Vehicle, Not Your Own Policy

It is often thought that if you are a passenger in another vehicle, your coverage comes from your own policy. In fact, if you are a passenger, medical and income benefit coverage comes from the insurance policy belonging to the vehicle you are in.

  1. Recovering Valuable Services

It is a common misconception that compensation only includes those for pain and suffering or out-of-pocket losses such as lost income. Accident victims can also recover amounts that take into account the impact that the injury has had on their ability to perform daily tasks such as housekeeping or chores.

  1. Vehicle Damage and Responsible Insurer

Many people believe that if you get in a motor vehicle accident, you must deal with the at fault party’s insurance company to pay for the vehicle damage. In fact, your own insurance company pays for vehicle damage, allowing you to avoid the other party’s insurer.

  1. Who is At Fault in a Parking Lot

Most have been told the myth that fault for a motor vehicle accident in a parking lot is always 50/50. However, fault for a parking lot accident does not have an automatic liability split. In fact, the rules that apply to roads and highways will also apply in parking lots.

To learn more or if you have uncertainties, please contact Correia & Collins. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

 

Legally Speaking

Canadian Pension Plan Disability (“CPPD”)

Navigating the intricacies of Canada Pension Plan Disability (CPPD) application process can be overwhelming for individuals grappling with pain or illness. CPPD serves as a lifeline for those unable to work due to a disability. It is designed to provide partial income for those CPP contributors who are under 65 and do not yet qualify for regular CPP.

In this blog post, we will explore what CPPD is, how to qualify, what is needed to apply, and other crucial aspects to consider.

What is CPP Disability?

CPP Disability is a financial assistance program provided by the Government of Canada to individuals who have contributed to the Canada Pension Plan and are unable to work regularly due to a disability.

Who qualifies for CPP Disability?

To qualify for CPP Disability, it must be shown that:

  1. You are under the age of 65.
  2. You have made the minimum amount of valid CPP contributions.
  3. You have a physical or mental medical condition that prevents you from regularly working any job.

This medical condition must be both “severe and prolonged”, meaning it must be a disability that regularly stops you from doing any type of substantially gainful work and is long-term and indefinite duration or likely to result in death.

What is needed to apply for CPP Disability?

The first step in applying for CPP Disability benefit is completing the CPP Disability application form, available on the Government of Canada’s website or by contacting Service Canada.

Next, an applicant must have their doctor or nurse practitioner fill out the medical report form which explains the nature of your condition and the severity of the disability and its impact on your ability to work.

What are some important considerations when applying for CPP Disability?

In addition to the above, it is important to know:

  • if your application is denied, applicants have the right to submit a request for reconsideration.

 

  • individuals who have been approved for CPP Disability may have their cases reviewed at a later date to ensure they are eligible to receive benefits. If this happens, you may be asked to provide updated medical information.

 

 

  • if you are going to school and/or participating in volunteering while receiving benefits, you have an obligation to inform Service Canada if you are doing these activities for more than 15 hours a week and have been doing these activities for 4 months or more.

 

 

  • if you begin working after receiving benefits, your disability benefits may be impacted by your gross earnings.

 

 

  • If your benefits stop, and at a later day you are no longer able to work again, you may qualify for the automatic reinstatement process.

 

  • although your application can be reconsidered, it is always wise to put your best foot forward on the first application.

 

  • if approved for CPP Disability, you will be issued a one-time payment from Service Canada to represent the past disability benefit you would have been eligible for before you applied. The maximum you can receive is 12 months.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

Direct Compensation Property Damage (“DCPD”)

In the world of car insurance, terms like Direct Compensation Property Damage (DCPD) might sound complex and daunting. However, understanding DCPD is crucial for when you are the owner (insured person) of a vehicle that has been in a car accident.

DCPD is a type of auto insurance coverage that comes with all owner’s policies in New Brunswick. This coverage is designed to streamline the claims process for property (vehicle) damage resulting from a car accident.

Unlike some other jurisdictions, New Brunswick operates under a “no-fault” insurance system for car insurance – meaning that it is not governed by the usual fault rules. Instead, insurers have agreed on several scenarios (now embodied in law) that determine the outcome e.g. rear-end damage, one vehicle passed while turning left, and so on.

Once the rules have been applied, anything you are owed is paid by your insurance company.

Key things to know:

  • Your claim for compensation for property (vehicle) damage goes through your own insurance company.

 

  • You cannot opt-out of DCPD, but if you disagree with the degree of fault established by the insurer (i.e. how they applied the rules), you can bring suit (sue) your own insurer.

 

  • Recovering under DCPD precludes an insured from suing the at-fault person and their insurance company.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

 

 

 

Legally Speaking

How Long Will my Case Take?

This is probably the question we are asked by accident victims more than any other. The answer varies widely and may not be known at the outset. Each personal injury case is unique, and its resolution is influenced by various factors.

The factors which influence your case’s duration can include:

  • Disputes over liability – when there is dispute over who is at fault for the accident, the process may take longer, especially if there are multiple parties. This necessitates investigations, evidence gathering, and negotiations or even the Court to establish liability.

 

  • Maximum Medical Improvement/ Recovery – we cannot value a case until a client’s injuries have reached maximum medical improvement (“MMI”). Even after that, we often need to arrange for expert reports and assessments.

 

  • Experts – we often use experts to help us prove both liability and case value. They include engineers, medical doctors, physiotherapists, and accountants. All these experts have busy schedules, and the medical experts cannot start their work until client/victim has reached MMI.

 

  • Court Proceedings – if the case proceeds to litigation, court scheduling, docket congestion, and procedural requirements affect the timeline.

An experienced personal injury lawyer will be able to assess the merits of your case and explore legal options to shorten the duration of your case and to keep you informed about the status of your case and the projected timeline. Most importantly, we will ensure that we have all of the evidence necessary to value your case and ensure that you receive fair compensation.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What are the effects of concussions and how can they be recognized?

Concussions, though often considered mild traumatic brain injuries, warrant serious attention due to their potential lasting impact. A concussion is a brain injury caused by a sudden blow or jolt to the head, leading to the brain’s rapid movement in the skull. Doctors now agree that a patient can suffer a concussion without hitting their head or being knocked unconscious. Whiplash can cause rapid brain movement which can result in a concussion.

Recognizing the symptoms of a concussion is crucial. These may include headaches, dizziness, confusion, nausea, sensitivity to light or noise, and difficulty concentrating.

Symptoms of a concussion may not always show immediately after an accident, sometimes they do not arise for several hours or days after the injury.

The lasting impact of a concussion varies from person to person. While many recover relatively quickly, some may experience persistent symptoms known as post-concussion syndrome (“PCCS”). This can lead to prolonged headaches, memory issues, difficulty concentrating, and impacts to daily life, work, and other activities.

If you’ve had a concussion from a motor vehicle accident, please contact Correia & Collins. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What are the effects of TMJ dysfunction and how can they be recognized?

Temporomandibular Joint (TMJ) dysfunction is a condition affecting the jaw joint and muscles controlling jaw movement. This joint plays a crucial role in various daily activities such as talking, chewing, and yawning.

TMJ dysfunction can result from an injury to the jaw and often includes symptoms like jaw pain or tenderness, difficulty chewing, clicking, or popping sounds when opening or closing the mouth, and even earaches or headaches. A TMJ injury can occur without a blow to the face.

At Correia & Collins, we understand TMJ and recognize the symptoms. If you’ve had jaw pain following a motor vehicle accident, please contact Correia & Collins. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

Are you suffering from PTSD or anxiety after a car accident?

A car accident can leave emotional scars just as impactful as physical injuries, with post-traumatic stress disorder (PTSD) and anxiety often emerging in the aftermath of an accident.

PTSD can develop after a traumatic event, such as a car accident, where individuals experience intense fear, helplessness, or horror. Anxiety, a common symptom associated with PTSD, can show as heightened nervousness, restlessness, and persistent worry.

Symptoms of PTSD and anxiety after a car accident may include flashbacks, nightmares, avoidance of reminders, irritability, and difficulty concentrating. These symptoms can surface immediately or manifest over time, impacting daily life and overall well-being.

At Correia & Collins, we understand the condition and recognize the symptoms. If you’ve had any mental health issues following a motor vehicle accident, please contact Correia & Collins. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

How does chronic pain impact daily life?

The manifestations of chronic pain are diverse, ranging from constant discomfort to intermittent, severe episodes, fatigue, mood disturbances, and disruptions of sleep. These symptoms can significantly impact the quality of life for those enduring chronic pain.

The legal system acknowledges the validity of chronic pain claims, understanding that its impact extends beyond visible injuries.

At Correia & Collins, we advocate for those grappling with chronic pain caused by car accidents and we understand the unique challenges of chronic pain cases. If you’ve had any chronic pain following a motor vehicle accident, please contact Correia & Collins. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

How can you secure an advance payment for special damages after an accident?

An advance payment refers to a partial payment of the money owed to you by the at fault party due to the accident.

These payments specifically cover “special damages”, which are out-of-pocket losses, like lost income, incurred as a result of the accident.

To obtain an advance payment, a Judge will need to be satisfied that:

  1. The other party is at-fault for the accident.
  2. The special damages being claimed were caused by the accident.

Important considerations include:

  • If there is any doubt about whether you are entitled to the money, it is likely that no amount will be awarded, or the award will be very small.
  • The amount of any advance payment is likely to be less than your full loss.
  • The Judge receives a limited amount of evidence which tends to limit the amounts ordered unless it is very clear what the loss is.

At Correia & Collins, we frequently request (and receive) advance payment for our clients. When needed, we go to court to obtain advances. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What types of damages can you claim for personal injury from a Motor Vehicle Accident?

Claims for losses from personal injury follow rules set by our Courts and legislation.

Those losses are called “damages”.

The law allows only claims for certain types of loss/damage. If a loss does not fit into one of those types of damages, it is usually not recoverable.

Moreover, a victim can only recover for damages which are caused by the accident in question.

Damages are intended to compensate the victim, not punish the at-fault person.

There are several types of damages recoverable by motor vehicle accident injury victims:

  • General Damages – this is to cover the pain, suffering, and loss of amenities you experience. It is based on what judges have given in similar cases. In New Brunswick, there is a cap on general damages for pain and suffering for some injuries. It does not apply to fractures, concussions, whiplash with nerve damage, torn rotator cuffs, mental health disorders, and soft tissue injuries that result in permanent inability to return to work.

 

  • Financial losses:
    • Actual out-of-pocket losses – money paid .
    • Lost income (past and future).
    • Loss of Capacity to provide valuable services such as housekeeping or home maintenance.
    • Cost of care (medical treatment etc.).
    • Pre-judgment/settlement interest.

 

  • Costs – Under our Rules of Court, parties who succeed in their lawsuits are entitled to certain amounts (whether they got to Court or settle) which are called “costs.”

At Correia & Collins, we are knowledgeable in the law on damages and aware of the types of medical and other expert evidence needed to ensure that accident victims are fairly compensated. We ensure our clients are fairly compensated whether through negotiation, mediation, or court. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What happens during a discovery/deposition in a legal case?

A discovery (frequently known as a deposition) is a hearing at which each of the parties is questioned under oath by the lawyers for the other parties. It is not a trial, but your evidence will be given under oath and you must answer all questions as truthfully and accurately as you can.

A Court Reporter will be present at the discovery and be recording everything said unless it is agreed to “go off the record.”

The only people present at discoveries will be the reporter, the parties, and their lawyers.

Discovery proceedings are very important to a case as they often give rise to settlement by showing the parties the strong and weak points of their case.

All discovery evidence is admissible at trial (if one becomes necessary) and is most often used to contradict a witness’ testimony at trial.

At Correia & Collins, we ensure that we and our clients are thoroughly prepared for discoveries. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What should injury victims know about surveillance practices in New Brunswick?

Insurance companies will often conduct video surveillance of injury victims as well as monitor their social media accounts.

Although distasteful, surveillance is legal in New Brunswick – as long as the person doing it does not trespass (i.e. go on your property).

Evidence from surveillance and social media postings only matters if it contradicts what is reported to your doctors and other treating professionals or any evidence you have given.

Insurance companies are required to disclose, as part of the litigation process, that they have done surveillance to produce it if they intend to use it in court.

At Correia & Collins, we have experience in addressing and dealing with the surveillance of our clients. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What to expect from an Independent Medical Examination (IME) in New Brunswick?

Under New Brunswick Rules of Court, the other party is entitled to an independent medical examination of injury victims, by a doctor of their choice.

IMEs usually involve a doctor reviewing all the medical records, interviewing the injured victim, conducting a physical examination, tests, and providing a written report.

Typically, the opposing party is only entitled to arrange one independent medical examination, but there are circumstances in which they may be entitled to a second examination.

It should be noted that the purpose of IMEs is not to offer treatment. Rather, their job is to write a report expressing an opinion.

If a client of Correia & Collins is required to submit to an IME, we will share with our client our research on the selected doctor, obtain a copy of the report, and comment on how we plan to deal with the report.

At Correia & Collins, we understand how to deal with and address IMEs. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

Understanding Section B Automobile Insurance: What Benefits are Available and Who Qualifies?

Section B automobile insurance are no-fault benefits available to persons injured in automobile accidents, ATV accidents, and snowmobile accidents.

Section B provides the following types of benefits:

  • Medical.
  • Income or Housekeeping (but not both).
  • Funeral / Death Benefits.

The Section B policy will cover you if you are a passenger in or a driver of a vehicle, or if you are a pedestrian.

For medical benefits, these will cover most out-of-pocket medical charges which are not covered by a private insurance plan or government plan.

To qualify for the income benefits, you must have been employed at the time of the accident or worked 6 of the 12 months immediately before the accident and have been disabled from your job for a period of 7 consecutive days within 30 days following the accident. Income benefits will pay 80% of your gross average weekly earnings up to $250.00 per week.

The Section B wording is long and complicated. At Correia & Collins, we frequently advise clients about their rights under Section B and assist them in securing those benefits. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

What is the role of mediation in New Brunswick injury lawsuits?

It has become more common in New Brunswick for parties to a lawsuit to agree to mediation.

Mediation can take many different forms but the type of mediation to which we encounter involves one person – usually a lawyer with experience in the field of personal injury – acting as an intermediary (“go-between”) between the parties.

A mediator has no power to make a decision or a ruling. Rather, a mediator receives written submissions (briefs) from each of the parties and tries to help all sides understand the strengths and weaknesses of their case.

The parties do not give evidence at a mediation, and anything said during the mediation process is not admissible in Court later if the case does not settle.

Mediation has reduced the number of cases that go to Court, helping victims and insurance companies settle injury claims without the time, cost, and delay of trial.

At Correia & Collins, we are familiar with the mediation process and utilize to help settle injury claims for our clients. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

How can a lawyer help after an ATV accident?

All-Terrain Vehicles (ATVs) can be thrilling, offering outdoor enthusiasts a unique way to explore difficult terrains. However, ATV accidents can occur, resulting in injuries and potential long-term consequences.

At Correia & Collins, we frequently represent people who have been injured in ATV accidents. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

How can a lawyer help after a snowmobile accident?

Snowmobiling is a popular winter activity that provides outdoor enthusiasts the ability to traverse snowy landscapes. However, snowmobile accidents can occur, resulting in injuries and potential long-term consequences.

At Correia & Collins, we frequently represent people who have been injured in snowmobile accidents. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Legally Speaking

How can a lawyer help after a sea-doo / watercraft accident?

Zooming across the water on a Sea-Doo can be an exhilarating experience. However, just like any recreational activity, accidents can happen, resulting in injuries that may have a profound impact on your life.

If you are involved in Sea-Doo accident, you may be entitled to compensation for your injuries and related expenses.

At Correia & Collins, we frequently represent people who have been injured in Sea-Doo accidents. Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.

Client Reviews

“Correia & Collins are simply the best legal team around. They genuinely work hard for each client and are always here for guidance....”

Edward B.

December, 2021

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“Highly recommend Correia & Collins. They made me feel like I was their top priority and kept in contact with me until my accident...”

Craig M.

March, 2022

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“I contacted Chris Correia as he came highly recommended to me. I was in an accident and he and Kendra Correia worked very hard. They...”

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April, 2022

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