This Vancouver car accident injury claim(Helgason v. Bosa) occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC. The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings. When the light turned green, she proceeded into the intersection. The other driver…
As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps. This injury claim arises…
In this relatively minor personal injury case (Hunter v. Yuan) the claimant, represented by a car accident lawyer, was injured in an accident at the intersection of Berwicke Street and 3rd in North Vancouver, British Columbia. The injury claimant was waiting in line to turn left at the intersection and the light changed from green to…
In one of the best examples of remote nervous shock is the case of a Vancouver mother injured in a car accident near Golden, British Columbia while on her way to Banff on a holiday trip with her family and friends. She was in the right rear seat, and her daughter, aged nine, was in the centre of…
The initial step is for the applicant to satisfy the court that the application is not in the nature of a fishing expedition, and that document in question contains information which may relate to a matter in issue. As explained in the oft‑cited Compagnie Financiere et Commerciale du Pacifique v. Peruvian Guano Co. (1882), 11 Q.B.D. 55 (C.A.), a document relating to a matter in issue is one which directly or indirectly may enable the party to advance his own case or destroy that of his adversary or which may fairly lead him to a train of inquiry or disclose evidence which may have either of these consequences
Many ICBC injury claimants have been denied disability benefits on the grounds that their injuries are not totally disabling. Often an injury claimant is physically able to do a task or job but is advised by a medical doctor not to engage in the activity.
In this car accident injury claim(Rosvold v. Dunlop) the British Columbia Court of Appeal confirmed that an injury victim’s optimism and willingness to embark on a new and untried line of endeavour does not prevent an award for loss of earning capacity. This injury case was relied upon in one of my recent case posts regarding claimants…
Choosing your best personal injury lawyer however is much more than just getting some free legal advice. In this article I will focus on the lawyer’s experience and understanding of the type of injury suffered by the injury claimant as one factor in choosing a personal injury lawyer.
ICBC was found by Judge Voith to require what seems to be a battery of three medical experts to put themselves on equal footing to respond to this injury claim. The judge did not consider whether there existed exceptional circumstances.
Sometimes an injury claimant may be required by law to attend these medical exams if they are an insured with ICBC and are making a claim. The examination are often called “independent’ but many car accident lawyers would disagree. In