Injured Cyclists with no Helmet- Does Wearing a Helmet Really Make a Difference?

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.…

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Injury Claimant Failed to Beat ICBC Offer and Court Orders her to pay over $40,000.00 to ICBC

Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…

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Injured Motorcyclist has His Claim Dismissed for Travelling too Close

Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010-  the injury claimant was riding his motorcycle  after spending time at a motorcycle show at the Tradex Centre near Abbotsford.  It was early afternoon, and the weather was clear and dry.  The claimant was travelling behind the car of the defendant, Benita Marshall.  The claimant said that Ms. Marshall stopped her…

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ICBC Injury Claimant not required to Sign Medical Authorizations Says Judge

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…

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Injury Claim Against Chiropractor Dismissed Despite Judge Finding No Informed Consent

Kern v. Forest,  2010 BCSC 938 July 28, 2011-   The Claimant  saw her family doctor complaining of left shoulder pain. Her family doctor referred her for chiropractic treatment and she was treated by two chiropractors.  After the treatments, the Claimant was diagnosed with spinal cord compression, caused by a herniated cervical disc.  A neurosurgeon performed a discectomy and removed the herniated…

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ICBC Personal Injury Lawyers Left to Explain New Rules to Clients

July 28, 2011- New Civil Rules of Court came into effect July 1st, 2010 and court registries have set new protocols on  how the Rules work for personal injury lawsuit. The court registry is now a little more predictable. For example, back in July, 2010 I went to obtain dates for trial and dates for a  judge led conference…

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Failure to Visit Doctor Not Used Against Personal Injury Claimant

July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury.  This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…

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Brain Injured Claimant Sent Back for New Trial Because of Conflicting Eyewitness Testimony

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…

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No Reduction in Brain Injury Award Despite Previous Serious Car Accident Causing Brain Injury

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…

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Injury Claim is Dismissed but Appeal Court Disagrees and Gives Claimant Another Day in Court

Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…

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