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 British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a contribution toward legal fee unless the claimant…
As a personal injury lawyer in Vancouver since 1995 I have been asked by Insurance Corporation of British Columbia (ICBC) injury claimants to best articulate the most common ways to obtain compensation from the driver that is responsible for the car accident. In this article I will review some of the top ways that personal injury…
In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim. The surgeon successfully appealed on the issue of causation claiming that he did nothing…
In this ICBC denied hit and run accident claim(Burton v. Insurance Corporation of British Columbia, 2011 BCSC 653) the injury claimant sued the Insurance Corporation of British Columbia (“ICBC”), under section 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, as it then was, as a nominal defendant, arising out of a hit and run…
Personal injury lawyers need to understand that provincial governments owe injury claimants no duty of care. In this Supreme Court of Canada case the residents of long-term care facilities sued as a class, alleging that the government artificially elevated the required resident contributions to subsidize medical expenses that were properly the responsibility of government.(Alberta v. Elder Advocates…
This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC. The Judge awarded the claimant $20,000 for pain and suffering and $629.96…
Most that strive to be the top personal injury lawyers in British Columbia will not only be members in good standing with the Law Society of BC but also will be able to access the important resources for fighting ICBC injury claims in a cost effective and timely manner. For my practice (Holness Law Group…
In this Vancouver medical malpractice lawsuit (Fairchild v. Vancouver Coastal Health Authority, 2011 BCSC 616 ) the injury claimant settled the day before a 10 day trial for some $200,000 plus costs and disbursements. The claimant fell while skiing at Whistler, British Columbia, fractured her leg and was taken to a clinic in Whistler. She was discharged from…
The injury claimant in this multiple rear-end car crash case(Keenan v. Fletcher, 2011 BCSC 520) was a 46-year-old police officer with the New Westminster Police Service. Amazingly the claimant was involved in four motor vehicle accidents in the same year, all of which ICBC admitted liability. She claims she suffered soft tissue injuries to her neck, right shoulder and lower back,…
As a personal injury lawyer representing innocent injury claimants against the Insurance Corporation of British Columbia, ICBC, I have no problem giving claimants the number to ICBC dial-a-claim (604-520-8222 or 1-800-910-4222 outside the Lower Mainland). I only represent the injured not ICBC or any other insurance company. Remember you should have a friend or family member report…