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 personal injury claimant did not accept a reasonable offer to settle and the award at trial was significantly less than the offer. The claimant was offered more than $400,000 to settle his personal injury case before court but he refused. The jury awarded him under $200,000.(Luckett v. Chahal,2017 BCSC 1983) The court found the…
In a surprise winning decision this personal injury claimant succeeds in his appeal against the dismissal of his injury claim. Failing to file a medical-legal report is not a grounds for dismissal and the claimant was not provided with adequate notice. However, given the scant evidence he was only awarded $100.00. for his personal injury…
In today’s case the claimant is found 50% at fault for making a left hand turn, on a late yellow, causing the car accident which is the subject of this personal injury case. The assessment of damages was bifurcated from liability so this decision only addresses fault for the car accident. (Elima v. Dhaliwal,2017 BCSC…
This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the highway and came to rest in a ditch. There were no other vehicles involved in…
ICBC arguments on the failure to attend recommended treatment, mitigation, are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme Court decided this ICBC case was worth over $720,000. The car accident was a head-on collision on…
This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…
The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant. The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…
The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million. The trial judge awarded damages of less than $850,000. Among other things, the judge found that: (a) the…
For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…
A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach. In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided…
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