This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…
The Supreme Court of Canada awarded a man $30,000, $15,000 of which compensated for moral injury as a result of being forced to listen to the reciting of a prayer at a municipal council meeting (Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16). The Court reinstated the Quebec Human Rights Tribunal award of $30,000 in compensatory…
In this low back personal injury case the claimant was driving southbound on Willingdon Avenue in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was whether an L1…
As a personal injury lawyer dealing with ICBC since 1995, having settled hundreds of injury cases, there are three certainties I have come to expect in every case. No matter the age, sex, or work ability of the claimant, here are three realities claimants should know about ICBC settlements: The claimant will be required to sign…
The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…
The claimant was injured in a single vehicle accident when she lost control of her vehicle due to slippery road conditions. The Claimant said that the defendants, responsible for highway maintenance in the area where the accident occurred, were negligent. The Capilano defendants deny liability and say that they complied with their duties. The road…
As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees. In the case of Century Services Inc.…
In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle. The defendant’s therefore claimed the cost of the investigation…
The Insurance Corporation of British Columbia, ICBC, is a government created corporate monopoly for third party auto insurance. ICBC has recently began to use its’ power, after injury claimants accept an offer of settlement, to refuse injury claimants the cost of diagnosis, assessment and treatment of personal injuries(ICBC denial of costs provokes court comment). In this…
The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…