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.
Since the NDP have been in power, the party has completely restructured ICBC to suit the government’s needs and to save this crown corporation money. Instead of focusing on restructuring and fixing the severe mismanagement of ICBC to protect injured claimants, British Columbians have been the target with their rights being stripped away with the…
Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…
The courts require expert medical evidence to consider when determining the injured claimant’s injuries and the impact those injuries have had on that person’s life. This expert evidence is essential to determine the proper amount of compensation to be awarded to an injured claimant. This medical expert evidence is obtained either from the injured claimant’s…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place. This information allows patients to make an informed decision about whether or not…
In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents. In the first motor vehicle accident, she was rear-ended and ICBC admitted fault. In the second motor vehicle accident, she was a passenger in a transit bus. An unidentified driver tried to…
In Geddert v. Stokes 2021 BCSC 656, the injured claimant, a window washer, was injured when his ladder was struck by a reversing car. At the time, he was washing the outside windows above a garage door at a condominium development. The trial judge dismissed ICBC’s arguments that others were liable for the accident finding…
In Thatcher v. Lowe 2021 BCSC 590, the injured claimant sought compensation for injuries he suffered from an assault by 2 members of the Hells Angels in 2016. The injured claimant was sitting in his vehicles when several cars parked behind him and a group of 8-10 men got out and surrounded his vehicle. Members…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation. The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…
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