Since 2010, Holness and Small Law Group has written over 1000 legal blog articles. We believe that staying informed and current with personal injury news and case developments is essential to providing proper legal services to our clients when advocating for their rights.
The sad reality is that when the NDP convinced the public that they needed to “fix ICBC” by bringing in No Fault Insurance (Enhanced Care), the real purpose was to save ICBC billions of dollars. These ridiculous profits are not being used to help care for the injured or make ICBC better like the NDP…
As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…
A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…
As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system. The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …
As discussed in prior blog posts, the issue of liability is central to all personal injury claims. An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries. An injured claimant cannot be found entirely at fault…
In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount. This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants. ICBC’s mismanagement and…
In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor. What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard…
If you are injured in an accident, you must prove that the accident was caused by the negligence of another person in order to be entitled to compensation for your injuries. If liability (fault) is not proven, then the claim will be dismissed and no compensation will be awarded. Delfs v. Stricker 2022 BCSC 373…
Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors. These factors include the age of…
In prior posts, we discussed the NDP’s scheme to have ICBC injury claims decided by the BC Civil Resolution Tribunal. This is an appointed tribunal and all disputes are handled online. The tribunal was intended by the NDP to significantly limit the legal rights and compensation of ICBC injury victims. Most troubling, the NDP removed…