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Personal Injury News

August 2020

Sexual Abuse Injuries and Sexual Assault Injuries – Damages for Pain and Suffering

In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse.  Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…

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Vancouver Medical Malpractice Lawyer – Defence of Clinical Judgment (Error of Judgment)

As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against  doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…

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Assault Injury Lawyer – Damages Awarded to Injured Claimant

In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…

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ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 1

  *written by Vic Maan, Associate with Holness and Small Law Group As many British Columbians are aware, most ICBC claims settle without a trial.  Settling with ICBC is advantageous to injured claimants in certain situations.  With settlement, an injured claimant can control the amount of the ICBC payout by agreeing or refusing to agree…

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ICBC Settlements – Loss of Housekeeping Capacity – Part 1

    *written by Vic Maan, Associate Lawyer at Holness and Small Law Group If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses.  Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs…

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Enhanced Care ICBC Style: Losing Your Right to Sue

ICBC Enhanced Care 2021, celebrated by NDP government, received Royal Assent Friday, Aug. 14, 2020. Auto injury victims need to prepare for the worst. Our Attorney General David Eby has coined ICBC no fault auto insurance as “ICBC Enhanced Care”. The Enhanced Care at ICBC will mean the elimination of compensation for pain and suffering.…

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Rear end Car Accident Pain and Suffering Compensation

Average ICBC Rear Ender Payouts from the Supreme Court Getting hit from behind while stopped in traffic is a common occurrence, usually referred to as a rear-end accident. As a personal injury lawyer in British Columbia since 1995, I can say there have likely been more rear end car accident cases forced into court in…

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ICBC Settlements for 2020 – Part 2

  In a prior blog post, we discussed the current state of ICBC settlements in 2020.  Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants.  When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial.  This…

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Sport Injury – Lawsuit Against North Vancouver for Foul Ball Injury Dismissed

Sports are a large part of our society.  Millions of Canadians have participated in and have been spectators in amateur sports and professional sports.  Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…

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