Since 2010, Holness and Small Law Group has written over 1000 legal blog articles. We believe that staying informed and current with personal injury news and case developments is essential to providing proper legal services to our clients when advocating for their rights.

ICBC Wins Appeal of $2.4 Million Income Loss Award

The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…

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Is expert evidence essential to a successful Medical Malpractice claim?

As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue.  The main reason for this is due to the expert evidence required to prove liability and quantum .  For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…

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Does ICBC Have to Pay My Disbursements?

Disbursements are legal expenses.  Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc.  Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim.  Until recently, ICBC was responsible…

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ICBC No Fault Insurance – Little Compensation for a Deceased Child Compared to the At Fault Drivers

We have written several blogs on the new ICBC No Fault Insurance brought in by the NDP. This new “Enhanced Care” model, as ICBC likes to refer to it as instead of No Fault Insurance, effectively eliminates any compensation for injuries suffered in a motor vehicle accident. Instead, ICBC will “take care of you” by…

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Do you need a Medical Malpractice Lawyer?

We have written numerous blog articles on Medical Malpractice.  Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care.  Health care providers not only include doctors, but also other types of medical practitioners including dentists, nurses, chiropractors and therapists…

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Can you trust ICBC if they tell you that your injury is “minor” and that your claim is “capped”?

In a prior blog post, we addressed the ICBC minor injury caps which came into effect for all motor vehicle accidents occurring on or after April 1, 2019.   If an injury fits the definition of “minor” in the new law passed by the NDP, then compensation is capped or limited to a maximum $5,500.00 for…

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What are the different types of ICBC Claims available to me?

What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC.  You are likely wondering what types of claims you can make against ICBC, how…

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