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.

Car Accidents Trigger Asymptomatic Pre-existing Neck Issues

The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering),  compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…

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Lawyers’ Car Accident Re-enactment Inadmissible Says Judge

This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…

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ICBC Settlements for 2019

There are several new considerations when it comes to settling ICBC injury cases this year (**see update 2020 ICBC settlement predictions). ICBC began 2019 by withdrawing many settlement offers made in 2018  surprising many claimants without lawyers. Here is what to look out for when it comes to ICBC settlements: ICBC Internal Policy – ICBC…

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Lawsuit Against ICBC Lawyer Dismissed as Wild Speculation

This Lawyer  was hired by ICBC to defend against several car accident personal injury claims in 2002. The first three car accidents went to trial with claimant having no lawyer to advocate his case. In his submission to the court, lawyer Mr. Paul Warnett, hired by ICBC, questioned the extent to which the claimant was injured in any of the three…

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ICBC Withdraws Settlement Offers for 2019 Creating Another Financial Disaster

As an advocate for the injured for over 23 years I have never experienced the level of discrimination now faced by auto injury victims in British Columbia. The Attorney General, our chief advisor of law to the government,  distains injury victims access to legal advice and the court system, recently blaming lawyers for pushing back against the monopoly…

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Time Limits for ICBC Claims and Settlements

When it comes to settling personal injury claims, car accidents involving ICBC have several unique limitations, deadlines and time limits.  Do not let the ICBC adjuster bully you into to settling your case too early. ICBC adjusters may try to raise concerns about expenses and legal costs to have you pursue your claim without a legal advocate. ICBC…

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ICBC Denies Hit and Run Claim but Court Disagrees

This personal injury case was lodged against the Insurance Corporation of British Columbia (“ICBC”) for damages arising from a hit-and-run motor vehicle collision which occurred near the Strawberry Hill commercial complex at the corner of 120th Street and 72nd Avenue in Surrey, British Columbia. ICBC was named as the nominal defendant in this action as the claimant was unable…

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The Best Lawyers in the Era of ICBC Minor Injury Caps

When ICBC considers your serious injury minor, private personal injury lawyers top the list of professionals that understand the ICBC minor injury cap criterion. Legal training and experience put lawyers at great advantage when tackling these ICBC claims. It is best to get independent advice before, not after, ICBC evaluates your injury as minor. Fortunately, because…

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$120,000 Award for Police Assault Dismissed in Last Injury Case of 2018

When starting a personal injury lawsuit against the police it is important to consider giving notice to the municipality employing the officers.  This $120,000 injury case was dimissed because the claimant failed to give the municipality notice of the claim within two months.(Lapshinoff v. Wray,2018 BCSC 2315). Section 286 of the Local Government Act, currently reiterated as s. 736…

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Top Personal Injury Law Changes of 2018

Pain free life is valued as part of the dream of the Good Life by most Canadians.  The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…

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