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.
This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C. The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction. The next morning he called ICBC and…
This ICBC offer to settle case review focuses on the definition of the term “new money” when contained in a written settlement offer. ICBC offered to settle this personal injury claim for $105,000 new money plus costs but the claimant rejected the offer making a counter-offer of $450,000.00. The judge ultimately awarded $87,250, comprised of $80,000 for…
Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a…
In this personal injury case the claimant was injured when a car made a left-hand turn into his path while driving northbound on Nelson Avenue in Burnaby. The claimant suffered tinnitus predominantly in his right ear, dizziness, balance issues, jaw pain, and soft tissue injuries to his chest, neck, shoulders, back, and right shin. The soft tissues…
In a stunning blow to victims of personal injury the court has upheld a decision to pay only $20.00 to compensate a winning claimant for the non-expert testimony of a family physician. Unfortunately this will mean treating healthcare providers will now be subpoenaed to testify without payment for their preparation and attendance. (Luis v.…
The legal, ethical and moral issues arising from the advent of the driverless car are profound. Highly automated vehicles, HAVs, will shift the burden of safely operating a vehicle from human to machine. In the long run this will release us from some legal obligations but in the short term could lead to havoc on…
In this multiple car accident personal injury case the claimant was rear-ended twice and developed a chronic soft tissue pain condition. He sought an award of over $1 million and ICBC, the defendant insurer, was only prepared to pay $143,000. The insurer argued unsuccessfully that the claimant should be forced to attend active rehabilitation and his claim…
It can be difficult to know how much to pay for legal services if you have little or no experience hiring a lawyer after a personal injury. The years of legal training and experience help to determine the lawyer’s best hourly and percentage fee. Here are a few case examples to help understand what is reasonable…
The injury claimant suffered a spinal cord injury and a traumatic brain injury when a train owned by the Canadian National Railway, CNR, struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…
This appeal by ICBC from a $1 million personal injury award reiterates the old adage that a judge is entitled to accept all, some or none of a witness’ evidence. A judge is not obliged to identify and discuss every piece of evidence related to factual deliberations in reasons for judgment; nor are they required to…
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