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.
In Chai v. Greenwood 2020 BCSC 1294, the 46 year-old male injured claimant suffered headaches, mood changes and soft tissue injuries in a motor vehicle accident. The medical experts were of the opinion that while some more improvement was expected, it would not result in full recovery. As such, the injuries collectively were considered chronic…
In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse. Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…
As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…
In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
As many British Columbians are aware, most ICBC claims settle without a trial. Settling with ICBC is advantageous to injured claimants in certain situations. With settlement, an injured claimant can control the amount of the ICBC payout by agreeing or refusing to agree to an ICBC settlement offer. In doing so, the injured claimant…
If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses. Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs and special damages (reimbursement of your out of pocket expenses). One type…
ICBC Enhanced Care 2021, celebrated by NDP government, received Royal Assent Friday, Aug. 14, 2020. Auto injury victims need to prepare for the worst. Our Attorney General David Eby has coined ICBC no fault auto insurance as “ICBC Enhanced Care”. The Enhanced Care at ICBC will mean the elimination of compensation for pain and suffering.…
No one at ICBC wants to tell you that you will be getting less, but Enhanced Care means less money for the injured. Does no compensation for pain and suffering sound like enhanced caring for the injured? How about caps and limits on the costs of necessary medical treatment, that is enhanced care ICBC style. …
Average ICBC Rear Ender Payouts from the Supreme Court Getting hit from behind while stopped in traffic is a common occurrence, usually referred to as a rear-end accident. As a personal injury lawyer in British Columbia since 1995, I can say there have likely been more rear end car accident cases forced into court in…
In a prior blog post, we discussed the current state of ICBC settlements in 2020. Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants. When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial. This…