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.

ICBC Statements Result in $1.1 Million Injury Award

This ICBC claimant sought compensation for brain injury which he said was caused after he was thrown from his bicycle with no contact with the vehicle. There were several statements given to ICBC both in writing and by email which the court had to consider in determining fault. The issue regarding liability was whether the driver caused the…

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$1.1 Million Awarded to Teenager with Somatic Symptom Disorder

In this personal injury case the claimant suffered injury in two motor vehicle accidents for which she was not at fault. The claimant was a 16 year-old high school student, enrolled in Grade 11 when the first car accident occurred.  It requires the capital asset approach to assess the value of personal injury case when…

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What are You Entitled to in a Car Accident Settlement

There are significant negative changes after April 1, 2019 that will limit and reduce victim compensation. In 2018 the NDP coalition government passed laws to secure the monopoly ICBC has over auto insurance and increased ICBC’s power to deny compensation to innocent victims. Speak to a lawyer about the facts of your case before you settle.…

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Cocaine Use After Car Accident Reduces Injury Award

This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC  approaching a strip mall known as Market Crossing when a  vehicle in the lane beside him changed…

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New Lawyer for the Injured

Profound legal changes in 2018, effective April, 2019, empower the auto insurance monopoly ICBC to cap claims for pain and suffering. Progressive injury lawyers need to understand ICBC injury caps and complex accident benefits regulations. Early and inexpensive legal advice can now be obtained in a variety of forms for a variety of personal injury claims.…

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$45,000 Offer of Settlement in the Age of ICBC Injury Caps

When ICBC pays for injuries, the worth or value of the claim is determined by judges following accepted values of justice and fairness. However, After April 1, 2019 there will be a government-imposed injury cap of $5,500 and the auto Insurance monopoly, ICBC, will be handed over the power to deny claims as Minor Injuries. These claimants will be…

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Pain and Suffering Award Increased to Account for Mental Injury

This Court of Appeal injury case is filled with lots of legal analysis for personal injury lawyers such as early retirement loss, subrogation and mandatory net wage loss of ICBC claimants. In this article I will focus on the increase in the claimant’s award for emotional pain and suffering.  The claimant suffered physical and emotional injuries as…

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Medical Examinations to Promote Equality in Civil Lawsuits

In this exceptional  case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…

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Repudiation of Settlement Agreement Must be Clear and Unequivocal

The central issues in this Court of Appeal settlement case are whether the parties reached a binding settlement agreement, and if the settlement was repudiated. This can sometime arise in ICBC personal injury cases after a settlement amount as been agreed upon but before the release has been signed. As an important principle in the settlement…

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Jury Approved for Intricate and Complex Injury Case

In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…

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