TEMPOROMANDIBULAR JOINT DYSFUNCTION
Pain or dysfunction of the temporomandibular jaw joints, including problems with the muscles, tendons, ligaments, and tissues associated with the joints. In the context of an ICBC injury claim, for the purposes of establishing causation, it is very important that temporomandibular joint dysfunction (TMJ) is reported early on to your doctor, and that it is well documented.
THIN SKULL DOCTRINE
If a person suffers greater than expected injuries, as a result of the negligence of the Defendant, due to an inherent or latent weakness or condition, the Defendant is liable for the entire injury and consequences, and not just the types of injuries that a person might think are foreseeable for a normal, healthy person.
A civil wrong, whether intentional or accidental, which causes injury to others. Included in torts are negligent actions, such as motor vehicle accidents.
In the context of an ICBC injury claim, a person who commits a tort (civil wrong) through negligence. For example, you are a tortfeasor if you cause a motor vehicle accident.
TRIAL MANAGEMENT CONFERENCE
An application to be heard in front a judge or master, but preferably the judge hearing the trial, no later than 28 days before the trial of an ICBC injury claim. All parties are required to attend. The judge or master will deal with any remaining issues that need to be sorted out prior to trial.
UNDERINSURED MOTORIST PROTECTION
Part of your Basic Autoplan policy, which affords you protection when the at-fault driver does not have enough coverage to pay for your damages. You are covered for up to $1 million from your own policy, even if the other driver has no insurance at all, or does not have enough insurance.
An at-fault motorist who had no insurance at the time of the accident. Injured victims can still bring forth ICBC injury claims for their injuries, as uninsured motorist protection is part of your Basic Autoplan policy with ICBC.
A promise or assurance made by a lawyer to another lawyer, or the Court, to perform a particular task, and provide certain documentation.
The filing of a lawsuit by a Plaintiff who knows that it has no legal basis or merit, with the purpose of the lawsuit being to embarrass and cause legal expenses to a Defendant. Such cases are held in high disdain by the Courts, who often award substantial costs against the losing party as a deterrent to future cases of such type.
The liability of one person or entity for the torts of another due to an established legal relationship.
A trial within a trial in order to rule on a specific issue, with the jury not being present.
VOLENTI NOT FIT INJURIA
Latin phrase for “no injury can be done to a willing person”. The Defendant will argue that the Plaintiff assumed the risk of what could happen, and therefore consented to the possibility of injury. Also sometimes referred to as “assumption of risk”.
WANT OF PROSECUTION
In the context of an ICBC injury claim, want (lack) of prosecution occurs when no material step to move the matter towards trial has been taken by the Plaintiff for a long duration of time. ICBC’S lawyer can apply to the Court to have the matter dismissed in its’ entirety for want of prosecution. It is a difficult application to succeed on. The Defendant must show that there has been inordinate delay, that such delay is inexcusable, that there will be serious prejudice to the Defendant in its’ ability to prepare a full and proper defence, and that a balancing of the interests of justice favours the Defendant.
The voluntary giving up of something, such as a right, by signing a document. For example, someone may sign a document saying that they absolve someone of any liability should an accident occur.
Grossly negligent to the extent of being reckless.
A neck or back injury that can result from a car accident, typically a rear end collision, where the head and upper back snap back and forth suddenly and violently. There are several different grades of whiplash, escalating in severity.
WHIPLASH ASSOCIATED DISORDER 1 (WAD 1)
Neck pain and stiffness, but with no physical sign of injury.
WHIPLASH ASSOCIATED DISORDER 2 (WAD 2)
Neck pain, including decreased range of motion, and point tenderness.
WHIPLASH ASSOCIATED DISORDER 3 (WAD 3)
Neck pain, and decreased or absent deep tendon reflexes, weakness, and sensory deficits.
WHIPLASH ASSOCIATED DISORDER 4 (WAD 4)
Neck complaints and fracture and/or dislocation, including injury to the spinal cord.
A person who testifies at trial who has first hand knowledge of a material issue being adjudicated upon by the Court.
The death of a human being as a result of the negligent act of another. In British Columbia, claims for wrongful death are brought under the Family Compensation Act.