This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury. The claimant sought damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took place at the Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…
This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but confused and disoriented. He had an obvious bump on his head. He was not oriented…
It is not enough for ICBC to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior auto accident, if the claimant recovered to normal function before the car accident in question,…
The court has made it clear, where there is a blatant breach of a settlement agreement, a punitive damages award is appropriate in addition to the other awards. In this case the court was satisfied that an award of punitive damages in the amount of $50,000 was an appropriate amount. In ICBC settlements the same principles…
In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…
March 26, 2018- The proposed ICBC Injury caps will not affect claimants that are injured before January 1, 2019. If this change becomes law ICBC claimants suffering soft tissue injuries can expect ICBC to deny their claims or limit compensation to $5,500 for pain and suffering. Allowing ICBC to limit payments of pain and suffering…
The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child. She also alleged that the Province of BC placed her back in the residence with her father.The claimant sought general damages, special damages for increased cost of care, aggravated…
Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant’s conduct. The appellants were found to have defamed the plaintiff and the judge awarded damages of $1,205,000 and special costs, and granted a permanent injunction against the appellants, restraining publication of any defamatory words concerning the Plaintiff. All…
Even the best personal injury lawyers seek expert opinion to obtain the highest results for their personal injury cases. So, it is hard to imagine how an ICBC injury claimant could obtain a fair resolution of their claim without a legal advocate. ICBC is pushing an injury cap system in which claimants will not have the benefit…
The injury claimant was a nine year old passenger sitting on the driver side rear seat of a 2006 Nissan Pathfinder when it was struck by another vehicle. As a result, the claimant sustained a near complete spinal cord transection resulting in him becoming a ventilator-dependent quadriplegic. The allegation is that the spinal cord injury was caused…