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Brain Injured Claimant Sent Back for New Trial Because of Conflicting Eyewitness Testimony

Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…

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No Reduction in Brain Injury Award Despite Previous Serious Car Accident Causing Brain Injury

Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…

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Injury Claim is Dismissed but Appeal Court Disagrees and Gives Claimant Another Day in Court

Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…

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ICBC Car Accident Case Rejects Last Clear Chance Analysis

Skinner v. Fu,2010 BCCA 321 The injury claimant rear-ended a vehicle when the other driver stopped without warning in the right lane of a highway. A personal injury claim from the car accident was originally dismissed by the court even though the trial judge found the driver that had stopped on the highway after hitting…

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No ICBC Insurance When Injured in Car Accident on a Service Road

July 4, 2011-This uninsured car accident (Pierre v. Miller, 2010 BCSC 812 ) occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argued that the Finlay Forest Service Road fell within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained…

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How to Settle My ICBC Injury Claim

December 5, 2013- This is only a problem if you do not have a lawyer because a personal injury lawyer’s job is, in part, to negotiate and settle your case. It is like asking “how do I fix my car?”, there are a lot of manuals and training courses out there to help you become…

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We Won the Personal Injury Case Right? The Court Significantly Reduces Jury Award

July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a…

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Car Accident Injury Claimant Awarded over $1.4 million for Brain Injury

  In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The…

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Personal Injury Claimant Awarded $173,533 despite Defence Doctor’s Opinion of No Significant Injury

In this ICBC doctor personal injury case (Raun v. Suran,  2010 BCSC 793)the claimant was injured in a violent rear-end motor vehicle collision July 12, 2005.  ICBC on behalf of the at fault driver admitted liability for the collision but assessed the case as being worth little more than $18,000.00. Defence counsel had the injury claimant assessed…

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Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries

Bortnik v. Gutierrez, 2010 BCSC 856 June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the…

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