In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that a claimant’s ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss. The claimant alleged that his injuries affected his ability to work and as a…
This was a personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver. It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…
I have been a personal injury lawyer in Vancouver since 1995 representing injury claimants and can say that this brain injury falling case (Danicek v. Alexander Holburn Beaudin & Lang, 2011 BCSC 65) stands out for me as an example of the liability insurance system gone wrong. The injury claimant, a young lawyer, suffered serious and permanent injuries…
If the Insurance Corporation of British Columbia, ICBC, lawyer gives an injury claimant an offer to settle their injury case, ICBC is usually entitled to their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial. Personal injury lawyers hired to help…
As a personal injury lawyer in Vancouver I have represented many clients ages 70 and over and I am familiar with some of the unique issues that arise after a car accident in assessing appropriate compensation for the elderly. In this post I’d like to look at a recent falling injury case(Etson v. Loblaw Companies Limited (Real Canadian…
In this Vancouver personal injury case(Jackson v. Mongrain)the claimant sought compensation for injuries arising out of a car accident which occurred on the Lougheed Highway in BC. The car in which the injury claimant was a passenger was stopped in the left lane for eastbound traffic waiting for the car ahead of it to complete a turn.…
This accident injury claimant was a 27-year old recent graduate from Simon Fraser University when he was involved in the car accident(Lee v. Jarvie) which is the topic of my post. In the weeks prior to the accident the claimant was in the midst of applying to join the Royal Canadian Mounted Police (“RCMP”). He had…
This Vancouver car accident injury claim(Helgason v. Bosa) occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC. The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings. When the light turned green, she proceeded into the intersection. The other driver…
Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley) nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…
In this car accident settlement case(Stapleton v. Charambidis) the injury claimant was involved in two motor vehicle accidents. Fault for the first accident was a big issue so the lawyers agreed to have a trial on the issue of fault. The trial judge found the injury claimant 80% at fault and the other driver 20% at fault. The judge also ordered that “Costs of this trial…