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.
The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…
Auto monopoly ICBC and Attorney General David Eby are legally pocketing $158 million. ICBC is keeping the auto insurance savings arising from the pandemic. Mr. Eby reported on May 14, 2020 savings not shared with injury victims or premium payers. ICBC is not legally required to share the COVID-19 savings with the injured, Mr. Eby…
Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…
If you are injured because of a hazardous or dangerous condition on either public property (city or province owned) or private property, you may have a claim for compensation against the property owner or tenant who had control over the property. This type of claim is known as an occupier’s liability claim. If the accident…
If you are injured in a motor vehicle accident, your compensation may be reduced if you are partially at fault for the collision. In British Columbia, the Negligence Act states that each party is responsible for compensation in proportion to his/her degree of fault for the motor vehicle accident and injuries that are caused by…
Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…
The tort of assault involves the intentional creation of the apprehension of immediate harmful or offensive conduct but no actual touching. A battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of dignity. The main difference between assault and battery is that…
If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is an exception, however, to this general rule. You may pursue…
In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…
In a recent blog post, the current status of autonomous vehicles, which are also known as self-driving vehicles, in the USA, Canada and British Columbia was discussed. While the technology for autonomous vehicles has been well developed in North America, in order for them to be legal to drive, several steps need to be taken.…