Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…
Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…
The Supreme Court of BC awarded this chronic pain claimant $115,000 for pain and suffering but complained about the manner of calling the expert evidence in this personal injury trial. After the injury claimant commenced her evidence on the first morning of the trial, a medical expert was called as a witness the first afternoon. Another medical expert was…
Acting correctly after a car accident can be difficult when your senses are not working properly. I have been a personal injury lawyer in Vancouver for over 20 years and I’d like to share with you 3 top things to do after a car accident in BC: First, seek medical attention – Triage by hospital staff will…
Although the claimant’s injuries were exacerbated as a result of chiropractic treatment this did not break the chain of causation. “The chain of causation will be broken where an intervening event, rather than the defendants’ conduct, is considered the proximate or legal cause of the subsequent injury. This principle, known as novus actus interveniens, recognizes that defendants…
Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…
This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her age and injury she was able to return to work on a full-time basis, for nearly…
The defendant in this personal injury claim sought liberty to add two individuals as third parties to the proceeding. On the day of the car accident a number of people attended a party in the bush near Lumby, B.C. The claimant was there and was a pedestrian. The proposed third parties were there and were also…
The government of BC may be preparing to back ICBC in an appeal of a $350,000 award against ICBC for malicious prosecution. Transportation Minister Todd Stone indicated that ICBC may be considering an appeal. This is in a case where employees of ICBC were found to be getting enjoyment out of causing difficulty to innocent accident victims. When…
ICBC’s conduct in this case was so high-handed, reprehensible and malicious that it offended the Court’s sense of decency. The conduct of ICBC was high on the scale of blameworthiness. The defendant ICBC is a public insurance company. As an insurance company it is expected to act in good faith. As a public company, its employees are also expected…
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