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.

The Impact of Pre-Existing Injuries on ICBC Pain and Suffering Trial Awards

As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…

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Class Action Lawsuit Against ICBC Certified

A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…

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The Sad Reality of the NDP’s No Fault (Enhanced Care) ICBC Insurance

As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system.  The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …

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Claim Dismissed at Trial – Injured Claimant Fails to Prove Negligence Against Unidentified Driver

As discussed in prior blog posts, the issue of liability is central to all personal injury claims.  An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries.  An injured claimant cannot be found entirely at fault…

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ICBC Loses AGAIN at Trial – Double Costs Awarded for ICBC’s Failure to Settle

In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount.  This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants.  ICBC’s mismanagement and…

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Medical Malpractice Claim Dismissed at Trial – Doctors Found Negligent, but Causation Not Proven

In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor.  What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard…

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$130,000.00 Awarded for Pain and Suffering for Chronic Partially Disabling Soft Tissue Injuries

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors.  These factors include the age of…

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ICBC Settlement Regret – Injured Claimant Denied Chance to Overturn Low ICBC Offer to Settle

In prior posts, we discussed the NDP’s scheme to have ICBC injury claims decided by the BC Civil Resolution Tribunal.  This is an appointed tribunal and all disputes are handled online.  The tribunal was intended by the NDP to significantly limit the legal rights and compensation of ICBC injury victims.  Most troubling, the NDP removed…

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Medical Malpractice Claim Dismissed at Trial for Failing to Prove Lack of Informed Consent by Surgeon

As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…

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