This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…
In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…
ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…
When it comes to psychological injury and psychiatric injury claims after a car accident a vulnerability to injury is not required if the emotional injury is proven as being caused by the collision. However, alternative but equally acceptable is the “egg shell personality” approach for individuals that may have suffered from prior psychological conditions in remission. One…
ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts. ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…
Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases. The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…
In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests. Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…
The injury claimant was a passenger involved in a car which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…
ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…
Personal Injury Lawyer Jacqueline Small has forced ICBC to pay disability benefits denied for almost 6 years in a car accident injury case. This decision is a stinging indictment of ICBC’s systematic use of hired guns to deny legitimate disability benefits. The Supreme Court Judge called the opinion of ICBC’s doctor Sovio deficient. Dr. Sovio did not provide a clear…