In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should…
Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of innocent victim compensation in British Columbia. Many…
In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply troubled by the positions plaintiff’s counsel took on this application, including seeking an order for…
In awarding this personal injury claimant double costs for beating the pre-trial offer of settlement, the Supreme Court has articulated 5 key principles to consider if you beat an offer to settle. The defendant insurer State Farm cancelled a mediation because their view was that mediation to settle the car accident claim had little chance of…
This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…
ICBC has tried to create the impression in recent years of an increase in fraud, this is confusing and untrue. In yet another case in point, the Court of Appeal has told ICBC they failed to prove this claimant lied or made a false statement.(Insurance Corporation of British Columbia v. Mehat, 2018 BCCA 242). The Insurance Corporation of British Columbia sued…
In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the senior’s housing facility, Parkdale,…
This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
Are you looking to continue a legal assistant career in an established Vancouver law office, across from the Vancouver law courts? Legal support staff competent to assist the injured in legal claims for compensation are not only worth their weight in gold, they have high job satisfaction. With medical understanding and legal training personal injury lawyers represent members…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…