Why You Should ALWAYS Do a Thorough Direct and Cross Examination of ICBC Medical Experts

In all ICBC personal injury claims, medical expert evidence is required in order to prove injuries and to justify the amounts claimed for different types of damage awards at trial.  For instance, if you are claiming that you are permanently injured without any chance of full recovery, then you must have a medical expert’s opinion…

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Patient Violently Assaults Psychiatrist Who Loses at Trial for Failing to Prove the Standard of Care

Seoran v. (British Columbia) Interior Health 2022 BCSC 335 is a trial decision involving an assault between a patient and a psychiatrist. In 2014 at the Inpatient Psychiatry Unit of the Penticton Regional Hospital, a Psychiatrist was providing care for an involuntary patient who had been admitted to the hospital a little over a week…

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ICBC Tries to Delay Injury Trial and Loses

If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date.  The court will not automatically adjourn a trial.  There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted.  If the order is denied,…

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The Impact of Pre-Existing Injuries on ICBC Pain and Suffering Trial Awards

As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…

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Class Action Lawsuit Against ICBC Certified

A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…

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The Sad Reality of the NDP’s No Fault (Enhanced Care) ICBC Insurance

As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system.  The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …

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Claim Dismissed at Trial – Injured Claimant Fails to Prove Negligence Against Unidentified Driver

As discussed in prior blog posts, the issue of liability is central to all personal injury claims.  An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries.  An injured claimant cannot be found entirely at fault…

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ICBC Loses AGAIN at Trial – Double Costs Awarded for ICBC’s Failure to Settle

In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount.  This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants.  ICBC’s mismanagement and…

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Medical Malpractice Claim Dismissed at Trial – Doctors Found Negligent, but Causation Not Proven

In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor.  What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard…

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