Court Refuses to Remove Lawsuit from Fast Track Litigation

When filing a lawsuit against ICBC for a motor vehicle accident injury claim, an injured claimant can choose to pursue it in an ordinary action or in a Fast Track Action (Rule 15) which shortens the entire litigation process making it more cost effective.  There must be a formal election to pursue the action in…

$120,000.00 Awarded Against ICBC for Somatic Symptom Disorder and Chronic Pain

As discussed in several prior blog posts, damages for pain and suffering for ICBC cases, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future.  The amount awarded…

ICBC Hired Expert Rejected at Trial for Attacking the Injured Claimant’s Credibility

As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims.  There are a number of strict guidelines which govern experts and their expert reports.  One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…

Injured Claimant NOT blamed for being overweight

As we have discussed in prior ICBC duty to mitigate blog posts, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have an obligation and a responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it…

Pain and Suffering ICBC Trial Awards – Concussion and Cognitive Deficits

Damages for pain and suffering, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future.  The amount awarded is based on similar and comparable cases that proceeded to…

ICBC’s Request for a Late IME Shut Down – ICBC Criticized for Late Application

At some point during your ICBC claim, you may be sent by your lawyer to an independent medical examination (IME) with a specialist doctor such as a physiatrist, psychiatrist, orthopedic surgeon, etc..  At the IME, the specialist doctor will interview you, review your medical records and examine you.  Following this, an IME report is prepared…

The Harsh Reality of the ICBC Disbursement Limit – NDP Provides ICBC with No Limitations in Defending Against Claims

In previous blog articles on the ICBC 6% disbursement cap, we discussed this new law that the NDP quietly passed with the sole purpose of saving ICBC money by prejudicing against an injured claimant’s ability to present his/her case.  This new law limits the amount of disbursements recoverable from ICBC to 6% of the total…

2021 Pain and Suffering Awards for a Broken Leg

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. In deciding the amount of pain and suffering to award to an injured claimant, the court will take into account several factors.  These factors include…

ICBC’s Insane Profits and ICBC’s 6% Disbursement Cap – J. Small Interviewed by Canadian Lawyer Magazine

Canadian Lawyer Magazine reports on and delivers award winning content on important legal issues throughout the country. Jacqueline Small of our firm has been interviewed several times on issues relating to personal injury law in British Columbia by Canadian Lawyer Magazine. Ms. Small was recently featured in Canadian Lawyer Magazine’s story about ICBC’s 6% disbursement…

Is expert evidence essential to a successful Medical Malpractice claim?

As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue.  The main reason for this is due to the expert evidence required to prove liability and quantum .  For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…