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.

Fall on Bus Results in $40,000 Award for Pain and Suffering

The claimant suffered injuries as a passenger on a bus operated by the South Coast British Columbia Transportation Authority, doing business as Translink and/or Coast Mountain Bus Company Limited (“Translink”).  The claimant was  76 years old at the time of trial and claims that he fell when the bus on Translink’s route number eight stopped suddenly…

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ICBC is Debtor to Successful Injury Claimant and Must pay Legal Costs

In this twisted car accident injury case the ICBC claimant asked for $3 million and received only $62,900 for his injury after a Supreme Cour trial.  He was also denied his legal costs. The claimant lost his appeal on the issue of quantum but  the Court of Appeal found that as the successful party he was entitled to…

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$100,000 Psychological Injury Award Taken Away

In a dramatic admission of medical illiteracy the Court of Appeal conceded that absent expert medical opinion evidence, a judge is not qualified to say what is, or is not, an illness (Saadati v. Moorhead,2015 BCCA 393). The trial judge refused to accept the claimant had suffered a brain injury but found that he had…

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Passenger Grabbing Steering Wheel Insured by ICBC

ICBC has lost this important injury insurance law appeal, the court concluding that the word “use” includes the grabbing of a the steering wheel by a passenger(Felix v. Insurance Corporation of British Columbia,2015 BCCA 394). This bold decision by Madam Justice Bennett brings insurance coverage to all British Columbia passengers that take control of a vehicle, when it…

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Cyclist not Faulted for Hitting Parked Car in Agony of the Moment

A stunning win by this injured cyclist is unanimously upheld against a quick turning driver which caused him to hit a parked car. This personal injury case concerned determination of blame in a car accident involving a cyclist. The claimant suffered injury when bicycling southbound on Blanshard Street in Victoria, B.C. and a vehicle suddenly pulled out into traffic from a nearby…

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Making an Offer to Settle in a Personal Injury Case- The Written Offer to ICBC

  In personal injury cases there are four different types of offers that can be made to ICBC and insurers: pre-litigation oral offers; pre-litigation written offers; post-litigation oral offers; and post-litigation written offers. We can break down written offers into informal and formal offers to settle.  This article will briefly explain how an ICBC claimant can…

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ICBC Claims Chart for Personal Injury

Seeking advice about the value of an ICBC claim? As a lawyer I am often asked whether there is list to go to find out how much a particular personal injury is worth. Essentially a list of body parts and corresponding compensation amounts for each area of the body. For example, $25,000 for whiplash to the…

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ICBC Insurance Claim Application Important In Personal Injury Case

In this minor damage car accident case ICBC denied the claim but the claimant sought a large award for personal injury damages. ICBC said that the claimant  responded to ICBC’s denial of her claim by alleging injuries and losses that were not real or were not caused by the collision. The ICBC accident claim form she completed was not…

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