In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608). The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…
After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident. In the collision…
Successful ICBC personal injury claims require expert medical opinions, especially in the Supreme Court of British Columbia. As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s case (Espinoza…
This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…
My experience as a Vancouver Personal Injury Lawyer allows me to share a few unique insights into ICBC negotiated settlements. Settlement with the Insurance Corporation of British Columbia when you don’t have a lawyer is inherently unequal. ICBC is a sophisticated insurance company with the experience of settling thousands of personal injury cases. Claimants often…
May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…
Personal injury lawyers in Vancouver and the rest of BC need to consider taking a new approach to making allegations of injury. Overstating injuries in a personal injury lawsuit, as found in this case (Rasmussen v. Blower,2014 BCSC 1697) can lead to a poor outcome. The claimant in this personal injury case was a passenger…
This modest out of court motor vehicle accident settlement with ICBC concerned, in part, the costs of a Functional Capacity Evaluation (“FCE”) set up by the claimant’s personal injury lawyer. The claimant suffered soft tissue injuries to his neck and upper back after the accident and had ongoing left shoulder pain. If the matter did not settle…
This successful personal injury case involved a 55 year old labourer that suffered a chronic grade 2 neck and back strain in a car accident(Amini v. Khania,2014 BCSC 1671). The claimant had been travelling south on Gladstone Avenue in Vancouver and was stopped at the intersection at a red light. He testified that he waited…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…