September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have…
Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 August 13, 2010- In this case the injury claimant was a lawyer involved in two accidents, a fall in a Vancouver nightclub, Bar None, and a motor vehicle accident that occurred one year later . The court found that the claimant suffered a mild traumatic brain…
July 29, 2010- ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age. However, it is inappropriate to discount an award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke , still good…
Another cyclist was hit by a car at 8th and Quebec in Vancouver and the 26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane.…
Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The injury claimant was in a car accident that occurred when she was two years old. Her claim is that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…
Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…
Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…
In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The defendant…