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Personal Injury Law?

When you get hurt in a motor vehicle collision in BC, your only option for making your claim is doing so in BC's tort system for compensation. When you breach a legal duty that results in harm, you commit a tort. The person who is harmed is then entitled to a remedy - most often money. For example, driving through a red light and crashing into another car and injuring the driver of the other car is a tort. To clarify that definition, damages is money payable to the victim. Just because BC's tort system awards money for personal injury doesn't mean the BC government believes money replaces one's harms and losses. Instead, money is a best effort to compensate what is lost as a result of personal injury. A system other than a tort system is called the no-fault system. Some people refer to a no-fault injury system as a meat chart because a person receives a set amount of money based on the specific injury. It's a formulaic compensation scheme that doesn't take into account personal circumstances (other than lost wages). The tort versus no-fault debate continues in many jurisdictions. Generally speaking, the advantage of a tort system is there is more compensation for the victim. This means a greater cost to the public. Also, in a tort system, some people do not get adequately compensated if they fail to prove their case. The advantage to the no-fault system is some people claim a no-fault system is more efficient because it's not lawsuit oriented. However, victims are typically not nearly as well compensated. Also, injured people in a no-fault system can have their claims wrongfully denied resulting in under-compensated incidents. In response to the efficiency argument in a no-fault system, it's important to know that most personal injury cases in a tort system resolve well before a lawsuit ramps up. This means most cases resolve before there is a large expense in the system. The looming trial in personal injury cases that could result in a large verdict ensures that most injury claims are reasonably resolved in a tort system. In the end take a look at who wants no-fault systems. It's the insurance companies because they pay out injury compensation. Insurance companies want to the decision-makers about when to compensate and the amount to compensate.

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Law Guide

Professors Jennifer Robbennolt and Suja Thomas have been invited to present articles at the Rising Stars Symposium at DePaul University College of Law April 2-3, 2009. The Rising Stars Symposium features nationally-recognized legal scholars who are relatively new in the academic profession. Professor Robbennolt is a nationally renowned scholar in the area of Psychology and Law, Torts, and Dispute Resolution. Her research integrates psychology into the study of law and legal institutions, focusing primarily on legal decision-making and the use of empirical research methodology in law. Her recent article, "Apologies and Settlement Levers," 3 Journal of Empirical Legal Studies 333 (July 2006) received the Professional Articles Prize from the CPR International Institute for Conflict Prevention & Resolution as the best professional article for 2006.