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.
ICBC insured defendants have lost a bold application to name a family doctor for negligent treatment in this multiple car accident lawsuit (Jack v. Kendrick,2015 BCSC 1872). The claim is for injuries sustained in three separate motor vehicle accidents and the allegation was that the family doctor prescribed negligently large doses of opiates. In order for ICBC to obtain…
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…
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…
In this ICBC injury case the Judge had sympathy for the ICBC lawyer and the members of his law firm in having to deal with a claimant without a lawyer. The judge was of the view that if the claimant hired a lawyer to deal with the case, or even just seek some legal advice, the court and all…
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…
If you have a personal injury case in which the Court has awarded more than the offer you made before trial, you may be entitled to double your legal costs. The relevant parts of The Supreme Court Rule 9-1(5) and (6) state: (5) in a proceeding in which an offer to settle has been made, the…
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…
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…
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…
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…
