Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…
The 15 year old Claimant in this personal injury case was one of nine teenage passengers in a vehicle travelling at a high rate of speed, planning to throw eggs at people. She had drunk from a shared 2‑litre bottle of alcohol cider and sat in the vehicle wearing no seatbelt. Before the accident…
Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…
As a personal injury lawyer since 1995 I have had many personal injury claimants call and regret settling their ICBC injury claims without a lawyer. It is very difficult to re-open a case after a settlement agreement release has been signed by the claimant. If the injury claimant has sought the advice of a lawyer…
Understanding how to put a proper value on a personal injury case requires understanding the essential basics of estimating and assessing in personal injury law. Accidents after April 1, 2019 are subject the the ICBC Minor Injury Caps.First, the purpose for civil damages is to put a victim back in the position they were before…
Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…
BC auto insurer, ICBC, must decide what happens to death benefits and survivor insurance if a person chooses to have a doctor assist ending their life as a result of a catastrophic injury. Will ICBC death benefit insurance be excluded even if death would have occurred within the policy term anyway? Will ICBC pay for assisted death…
In this sensationally important personal injury case the Court of Appeal has made it very clear that consulting reports must substantially comply with the Rules to be admissible as expert reports (Healey v. Chung, 2015 BCCA 38). This makes it very difficult for the personal injury claimant to get opinion evidence into court as “clinical records” are…
In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000. ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…
After a car accident in British Columbia the cost of care awarded by the court can include medical marihuana. However, in the following personal injury case there was not enough evidence to make the connection between the car accident injuries and the need to smoke pot(2015 BCSC 57). This case also gives an excellent checklist for…
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