Car Accident Injury Claimant Awarded $125,000 for Persistent Cough arising from Disc Herniation

Immediately following this car accident the injury claimant began to experience a cough that would not go away(Reilander v. Campbell,2011 BCSC 1848). She did not associate it with the car accident and thought it was asthma, although use of  her Ventolin was not working.She visited her family doctors many times, complaining of pain in her…

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$250,000 Personal Injury Award Reduced by 25% Despite Claimant being Rear ended

In this unique factual scenario, the BC Supreme Court found that the car accident, which occurred on King George Highway in Surrey, was caused by a car rear ending the injury claimant. However the injury claimant that was rear ended still faced some responsibility(Stanikzai v. Bola, 2012 BCSC 846) because he failed to see the other driver’s turn…

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Surrey Car Accident Injury Claimant Awarded Loss of Earning Capacity despite Inconsistencies

This car accident personal injury claim occurred at  92nd Avenue in Surrey,(Narain v. Gill,2012 BCSC 848) British Columbia when the claimant was hit head on by a minvan. The Insurance Corporation of British Columbia (“ICBC”) did not admit fault, but liability was not contested, and the judge found that the other driver was negligent and caused the accident.…

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Car Accident Injury Claimant Awarded Child Care Costs -Upheld by BC Court of Appeal

This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of  a $740,000 award  for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents.   The appellants admitted fault  for the two car accidents accidents and the trial judge concluded…

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Low Velocity Impact Car Accident Denied by ICBC but Court Disagrees and Makes Award

In this low velocity impact (LVI) Vancouver car accident claim( Guzman Gonzalez v. Dueck, 2012 BCSC 792) the driver that rear ended the injury claimant refused to pay the claim alleging that the claimant was not injured or, in the alternative, any injuries sustained in the car crash did not cause pain and suffering beyond about six months after the…

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How Much Should I get from ICBC for a Whiplash Injury?

As a personal injury lawyer in British Columbia I am often asked, “How much is my ICBC car accident injury worth?” by clients and potential clients.  Many car accident injury claims involve damages to the muscles and ligaments (soft tissue) in the neck which is commonly referred to as Whiplash.  For the purpose of injury…

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Facebook Photos In Personal Injury Lawsuit Ordered Produced Despite Privacy Concerns

Personal injury claimants in British Columbia should be aware of how the Courts deal with photos and videos kept at their Facebook accounts. As a personal injury lawyer in Vancouver since 1995 I have had to address privacy concerns for my personal injury clients in almost every case. With the evolution of social media, insurance…

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Vancouver Car Accident injury Award Despite Intervening Snow Shoveling Injury

In this Vancouver filed car accident injury claim(Sandhar v. Rolston,2012 BCSC 495) the Supreme Court of BC says that at fault driver’s are still responsible for injuries that continue after an intervening injury for which the claimant is at fault.The claimant’s car was struck from behind by another motor vehicle  and her car was pushed into another…

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Car Accident Injury Claimant on Maternity Leave at Trial Awarded over $120,000.00

The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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