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…
No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…
The 3 year old claimant’s father was killed in a motor vehicle accident resulting in this Wrongful death award to daughter (Duncan v. Brown,2014 BCSC 153). Changes to the law now prevent ICBC and other insurance companies from avoiding a child’s claim for loss of dependency due to the existence of a step parent. The car…
This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking to informed consent in personal injury malpractice cases. The multi-million dollar award was upheld against one doctor for failing to provide the claimant with informed consent for the “vaginal…
A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal injury lawyers assisting the injured will applaud the clarity and brevity of this decision. This…
The amount personal injury lawyers can charge for a legal fee is regulated by the Law Society of British Columbia and lawyers are not free to charge whatever they want. Whether the lawyer decides to charge by the hour or based on a percentage, called a contingency fee, a lawyer cannot charge an amount that is…
In this stunning decision the Supreme Court of Canada has overturned the decision of the Nova Scotia Court of Appeal and restored the verdict of the Jury dismissing the infant’s personal injury claim (Annapolis County District School Board v. Marshall,2012 SCC 27). The injury claimant, a four-year-old, was playing with his brothers in front of the family home…
In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle. The car accident occurred near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall intersects with Library Road in Delta, British Columbia. The young…
In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim. The surgeon successfully appealed on the issue of causation claiming that he did nothing…
In this car accident case(Chen v. Beltran, 2011 BCSC 41) the court dismissed the litigation guardian’s claim on behalf of her injured son arising from an accident in which the boy sustained serious injury. The accident occurred when the child, riding a skateboard, entered the intersection of 10th Street and Royal Avenue in New Westminster and was…