How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced by the court for not following medical treatment. In this case, after suffering a car accident injury in which medication was initially taken with success and then abandoned for no good reason,…
The Insurance Corporation of British Columbia, ICBC, is required to release financial statements to lawyers and the general public which includes the amount they pay to injury claimants for out of court settlements. ICBC forecasts net income of $230 million in 2013 and $229 million in 2014, a total of $459 million after paying innocent victims injured…
This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking to informed consent in personal injury malpractice cases. The multi-million dollar award was upheld against one doctor for failing to provide the claimant with informed consent for the “vaginal…
An application to adduce fresh evidence in an appeal of a successful personal injury jury award was thwarted by a deficient affidavit from a legal support staff. This million dollar personal injury award case arising out of a car accident injury (Albert v. Politano, 2013 BCCA 194) deserves more than one article as personal injury lawyers…
The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and suffered injuries to her neck, right shoulder, and upper back area and the Court assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less…
Getting the best legal advice without paying a professional fee for a civil matter is fiction and most people know it, but don’t go anywhere yet. Expect to pay no more than one third in British Columbia for legal advice if your agreement is on a percentage for ICBC claims. You can also get arrangements…
An index for Personal injury lawyers and counsel generally is provided by the registry with a list of cases so commonly referred to and accepted in British Columbia that lawyers need only index them in the case brief . In the typical car accident claim however lawyers exchange a table of case authorities and the best sections of the each case are referred to…
The BC Court of Appeal found that inadequate signage negligently caused injury in this uneven pavement car accident (Van Tent v. Abbotsford (City),2013 BCCA 236). This case re visits the distinction between duty and standard of care, affirming the three step process for proof of Civil Negligence. The Anns neighbourhood rule is applied and the court makes it clear that…
Here is the who, what, when, where and whys of the new landscape in BC for release of confidential and private documents in ICBC claims. Effective up to date advocacy based on leading case authority in ICBC claims can make the difference. Lawyers that specialize in personal injury claims assess the risks of disclosing your…
Finding the best lawyer in Vancouver for a claim with the Insurance Corporation of British Columbia depends on the type of case you have and the qualities you consider to be important. There are over 10,0000 lawyers in BC, most of them having offices in Vancouver. Not all ICBC claims require a lawyer and most…
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