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.

Personal Injury Claimant Wins Appeal as Other Driver Passing on the Right Illegally

The claimant was injured in a car accident and her claim at trial was dismissed.  For reasons given orally, the judge found the claimant was totally at fault.  the claimant appealed, contending the judge was wrong and the Court of Appeal agreed. The injury claimant won her personal injury appeal (Smeltzer v. Merrison,2012 BCCA 13).  Essentially…

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ICBC Injury Settlements and the Top Ten Mistakes Made By Car Accident Claimants

I have been a personal injury lawyer in British Columbia since 1995 and am always asked to give legal advice about ICBC offers of settlement.  All too often injury claimants call me at best at the final hour or when it is too late to save a critical element of the car accident case. I certainly…

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Top Spinal Cord Personal Injury Lawyers Need to be Aware of Representation Agreements

When a person  suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…

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Personal Injury Award Reduced Due to Prior Back Pain and Fault for Car Accident

In this ICBC Langley personal injury claim (Shinkaruk v. Crouch,2011 BCSC 1762) a pickup truck collided with the claimant’s car in the intersection of 96th Avenue and Telegraph Trail.  The weather was clear, visibility was good and the streets were bare. The claimant’s evidence was that he pulled up to the sidewalk and looked to…

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How Can I Force ICBC to Pay for my Physiotherapy after a Car Accident Injury?

I have been a personal injury lawyer in Vancouver since 1995 and have witnessed the change in how the Insurance Corporation of British Columbia, ICBC,  pays for physiotherapy. I have written and dealt extensively with ICBC accident benefits and explain how ICBC accident benefits work for people that are injured in car accidents in British…

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ICBC Accident Injury Claimant with Lawyer Wins Low Award for Disc Herniation and Soft Tissue Injury

The claimant was  injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…

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Retired Lawyer Represents Himself in Personal Injury Case and Receives Low Award

This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…

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What is the Deadline for my ICBC Injury Claim?

December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…

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Injury Claimant Not Required to Provide Facebook, Twitter, and Personal Laptop to Insurance Company Lawyers

In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter…

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Car Accident Drivers Deny Liability and Court takes Personal Injury Case off Fast Track

The injury claimant  sued for his losses after he was run down in a crosswalk  and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit.  The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…

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