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.
In this unusual car accident case the claimant was driving west on Marine Way in Burnaby approaching Byrne Road when a vehicle driving east lost control of his car, went over the median and collided with the claimant’s vehicle. Another vehicle was travelling west on Marine Way behind the claimant and rear-ended the claimant’s vehicle. The claims…
At first glance, the increase in ICBC accident benefits from $150,000 for each vehicle accident to $300,000 appears to be a positive change for innocent victims of auto accidents. In fact this change will only benefit those drivers that are at fault for causing the car accident injuries. How is this possible? Read on. Important to…
This is an appeal of an order dismissing a constitutional challenge to the requirement to pay daily hearing fees in civil trials.(Cambie Surgeries Corporation v. British Columbia (Attorney General),2018 BCCA 385). This case outlines a few of the issues the BC government will face in trying to justify the denial of rights to the injured with ICBC injury caps,…
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…
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…
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.…
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…
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.…
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…
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…