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.
Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent. The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600) was injured in a car accident when she…
This personal injury claimant beat her offer of settlement made 7 days before trial. As a result the Judge awarded the claimant double costs. The claimant was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C. in which the claimant suffered mild to moderate soft tissue injuries and…
In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs. ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…
Over $75,000.00 was added to this personal injury award on account of the Increased discount rates! (McLeod v. Goodman,2014 BCSC 1551), Future loss of earnings and costs of future care in ICBC injury claims now have to be increased to more accurately reflect the claimants real losses. As a result of changes to the discount…
This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…
This personal injury claimant offered to settle with ICBC for $60,000.00 one day before trial. The offer was only open for acceptance until that same afternoon at 4 p.m. The Insurance Corporation of British Columbia, insurer for the defendant, rejected the offer and the trial judge awarded the claimant over $67,000.00 (Barnes v. Lima, 2014 BCSC 1475).…
The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower. On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…
This personal injury case began on Highway 1 approaching the Herrling Island exit when a sanding truck struck the claimant’s vehicle and caused him to lose control and hit the rock face. The Insurance Corporation of BC, ICBC, denied the hit and run claim on the grounds that it was a single‑car accident and that a…
Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…
“We pride ourselves on our results and our proven track record of success for over 20 years in representing thousands of injury victims throughout all of British Columbia and providing them with complete medical legal care.”