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.
In this loss of farm earning capacity car accident case(Verge v. Chan,2012 BCSC 876) the claimant’s vehicle was hit head-on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna. The injury claimant suffered soft tissue injuries to her neck and back, a fractured right talus, bruising to and pain in her chest, and…
The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another vehicle. ICBC participated directly in the personal injury lawsuit as a Third Party and the…
This personal injury case involved four car accidents for which liability was admitted(Demidas v. Poinen, 2012 BCSC 416). The Insurance Corporation of British Columbia (ICBC), on behalf of the defendants, said that the injury claimant was an unreliable witness and deliberately exaggerated his claims. In each of his ICBC statements following the four accidents, he listed numerous complaints…
In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an offer does not weigh against the awarding of double costs. In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…
This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…
In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating: “[46] The foregoing discussion leads me to the…
Making a personal injury claim after a car accident in British Columbia can be, at best, confusing because there is usually more than one claim to be made with the Insurance Corporation of British Columbia, ICBC, and others. In addition to personal injury claims, you also have other potential claims such as collision coverage claims, private…
In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck,…
The Court found that this self-represented claimant was not injured in the car accident(Pearlman v. Critchley,2012 BCSC 921) and his lawsuit pleadings were oppressive and designed to cause anxiety, trouble and expense to the other side. The action was also found to have been brought for an improper purpose, particularly the “harassment and oppression of…
Immediately following this car accident the injury claimant began to experience a cough that would not go away(Reilander v. Campbell,2011 BCSC 1848). She did not associate it with the car accident and thought it was asthma, although use of her Ventolin was not working.She visited her family doctors many times, complaining of pain in her…
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