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.

66 Year Old Entitled to Vocational Assessment after Car Accident

This was an assessment of the injury claimant’s bill of costs in a personal injury action that was settled at a mediation some three and a half months before the trial. The issue was whether it was reasonable to incur the cost of a vocational assessment when the claimant was already at the age of retirement…

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ICBC Still not Making Reasonable Offers to Settle

ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems to have turned to “firmly unfair” thanks to ICBC. In the most recent case of Sebaa…

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$40,000 to $50,000 Infant injury Awards for Pain and Suffering

  Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…

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$175,000 Pain and Suffering Award for MTBI and Somatoform Disorder

Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…

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Personal Injury Claimant Trumps Medical Expert Testimony

The Supreme Court of BC awarded this chronic pain claimant $115,000 for pain and suffering but complained about the manner of calling the expert evidence in this personal injury trial. After the injury claimant commenced her evidence on the first morning of the trial, a medical expert was called as a witness the first afternoon.  Another medical expert was…

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$25,000 for Pain and Suffering Despite Chiropractic Injury

Although the claimant’s injuries were exacerbated as a result of  chiropractic treatment this did not break  the chain of causation. “The chain of causation will be broken where an intervening event, rather than the defendants’ conduct, is considered the proximate or legal cause of the subsequent injury.  This principle, known as novus actus interveniens, recognizes that defendants…

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$175,000 Pain and Suffering Award for Brain Injury with Normal MRI

Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…

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70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work

This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia  and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her age and injury she was able to return to work on a full-time basis, for nearly…

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Court Refuses to Add Pedestrains to the Personal Injury Lawsuit

The defendant in this personal injury claim sought liberty to add two individuals as third parties to the proceeding. On the day of the car accident a number of people attended a party in the bush near Lumby, B.C. The claimant was there and was a pedestrian. The proposed third parties were there and were also…

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