Damages for pain and suffering, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future. The amount awarded is based on similar and comparable cases that proceeded to…
In Geddert v. Stokes 2021 BCSC 656, the injured claimant, a window washer, was injured when his ladder was struck by a reversing car. At the time, he was washing the outside windows above a garage door at a condominium development. The trial judge dismissed ICBC’s arguments that others were liable for the accident finding…
In Jones v. Rossner 2020 BCSC 2056, the 42 year-old female injured claimant suffered injuries in a motor vehicle accident when the vehicle she was driving was rear-ended without any prior warning. Before the collision, she was in good health both physically and emotionally. She regularly attended the gym and worked with a personal trainer. …
In a stunning personal injury decision the Supreme Court has reduced a damage award for a brain injured 27 year old claimant. The court has taken judicial notice that cocaine is highly addictive, with heavy users facing a significant long-term and possibly life-long risk of relapse.(Kirilenko v. Bowie,2017 BCSC 2048) There was no real issue that…
Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…
Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…
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 Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road which resulting in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…
In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The defendant…