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.

$85,000 Injury Award for Pain and Suffering Reduced for Degenerative Spine

The medical consensus was that the car accident victim had pre-existing degenerative changes of the lumbar spine which pre-dated the two motor vehicle accidents in question.  The issue was to what extent the injury claimant may have suffered chronic low back pain despite the car accidents (Hoy v. Williams,2014 BCSC 234)The weight of medical opinion…

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Car Accident Victim Awarded Life Long Yoga Membership

Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The  Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…

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2015 Settlement Negotiations for the Personal Injury Lawyer

Being ahead of the curve when it comes to anticipating changing interests on the other side of an injury claim can lead to profound improvements in your negotiating as a lawyer. Potential personal injury clients are also well aware of how important it is that their lawyer to be part of the changing process of…

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$700,000 Settlement Offer Rejected- Jury Awards $65,920.00 to Pedestrian

In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…

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Pedestrian in Crosswalk found 20% at Fault for her Brian Injury

In this crosswalk personal injury occurring in Port Coquitlam (Paskall v. Scheithauer,2014 BCCA 26) the jury found a pedestrian twenty percent fault for her fractured her skull and traumatic brain injury after attempting to cross at a  marked crosswalk. The verdict was upheld by the BC Court of Appeal despite the appellants plea that she was lawfully within a…

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ICBC’s Chiropractic Treatment Program in Best Interest of Personal Injury Claimants?

As a personal injury lawyer in BC since 1995 I have witnessed the evolution of chiropractic care from an uncommon and alternative form of treatment to a designated health profession used by the mainstream public. I have also been keenly aware of ICBCs changing policy when it comes to funding Chiropractic care for car accident…

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$300,000 Personal Injury Settlement Offer Rejected- $250,000 repayment Ordered

This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…

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ICBC Injury Claimant to Pay Double Costs after Rejecting $275,000.00 Offer to Settle

The personal injury award following a 25 day trial in this ICBC gets double costs case(Minhas v. Sartor,2014 BCSC 47) was $76,653.00, much less than the $3 million sought by the claimant and the $275,000 offered by ICBC before trial.  The judge, in one of the first times in BC legal history, has awarded ICBC…

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Brain Injury after a Personal Injury- What Does a Normal MRI Mean?

Following a car accident or other personal injury in which a person has hit their head, been rendered unconscious, or has experienced an altered state of consciousness,  Magnetic Resonance Imaging ( MRI) may be ordered to rule out serious brain injury.  Most personal injury lawyers want to understand however whether  having a normal MRI means…

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Personal Injury Award Reduced due to Failure to Attend Treatment

In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was  driving home from a Vancouver Canucks hockey game.  Another vehicle failed to stop and  struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…

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