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.

How Much ICBC Pays for Whiplash Injury Claims

There are two types of losses, or damages, that can be claimed following a car accident whiplash injury in which the claimant is not at fault. First, Pecuniary damages for income loss and calculable out of pocket expenses. Second, Non-pecuniary damages to compensation for pain, suffering and loss of amenities and loss of enjoyment of…

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Apology at Car Accident Scene Not an Admission of Liability

This first personal injury case of 2017 is a classic example how various witnesses to a car accident will remember the circumstances differently.  This is also an unusual ICBC rear end crash in which the person hitting the other from behind is found 75% at fault. As Supreme Court Judge Griffin pointed out: Even honest witnesses will…

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The Most Important Personal Injury Cases of 2016

How many of these cases have you read? Personal Injury law evolves through changes in the common law application of accepted legal principles as well as legislative change and interpretation. This article focuses on changes in the common law and legislative interpretation in BC, not new legislation, of which there was very little in 2016…

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Best Lawyer for ICBC Claims

Your ICBC injury claim’s worth and the steps to win successfully are best determined by a legally trained expert that has dealt with ICBC and settled hundreds of personal injury cases.  An experienced personal injury lawyer, like a trained medical doctor, can identify the problems, employ solutions, make referrals, and professionally assess and quantify future events within…

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First Steps to Brain Injury Recovery Following a Car Accident

Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…

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Awarded 2 Years of Future Income Loss – The Capital Asset Approach

The Honourable Mr. Justice Skolrood in Kweon v. Roy,2016 BCSC 2305  is the source of today’s article about evaluating loss of income in ICBC personal Injury claims. In Kweon the ICBC claimant was awarded $165,000 for Loss of future earning capacity and $175,000 for pain and suffering. The Court of Appeal in Ibbitson v. Cooper, 2012 BCCA 249…

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A Checklist for Future Loss of Earning Capacity Claims

The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…

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ICBC Second Medical Examination Refused by Court

The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits.  The defendant then wanted the claimant to attend  a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…

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