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.

Disability Insurer Must Pay Full Legal Fees for Claimant

In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The Supreme Court Judge came to this conclusion based on the following considerations: a) The claimant had…

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What to do if ICBC Makes an Offer to Settle

If an ICBC offer is made after an auto accident first get the offer in writing and second confirm the deadline. Understanding offers of settlement is ephemeral for most people but personal injury lawyers gain an enduring knowledge of the ICBC settlement process. It does not matter whether it is the first, second, third or fourth offer…

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Bus Driver Negligent on Circumstantial Evidence

In a case of bus driver negligence causing injury, the Court of Appeal has dismissed the appeal of ICBC and Translink, finding the circumstantial evidence adequate to infer negligence (click here for Benavides v. ICBC, 2017 BCCA 15). However, the Court of Appeal sidestepped the real underlying issue: should public carriers be under a stricter test of…

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Prior ICBC Settlement not Deducted from Injury Award

Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves  a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”).  Should the claimant be awarded a global amount…

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ICBC Claims Made for the Injured

So much has been written about how to make an effective personal injury claim with ICBC, key steps to the claim are often overlooked.  Personal injury lawyers that have made hundreds or thousands of injury claims have the experiential knowledge to utilize three keys steps to starting any ICBC injury claim. Without effective advocacy for victims of personal injury…

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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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