Car Accident Claimant Fails to Beat ICBC Offer and Punished by the Court of Appeal

In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…

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Car Accident Injury Claims Reduced Due to ICBC Statements

In this ICBC brain injury lawsuit (Jampolsky v. Shattler,2011 BCSC 494) the claimant was involved in four car accidents all of which the Insurance Corporation of British Columbia, ICBC, was the insurer of the other drivers. The claimant was a 28 year old Surrey resident at trial and at the time of the first accident the claimant was only 18 years old.…

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Jury Dismisses Defamation Case and Judge Finds Alleged Injury Too Remote for Compensation

As a personal injury lawyer in British Columbia since 1995 I am often asked to prosecute injury claims resulting indirectly from an event. For example, a car swerves to avoid a truck going through a red light and the car goes off the road, hits into a fence, which releases a dog and the dog…

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Victoria Personal Injury Claimant Ordered to Attend Medical Examinations in Vancouver

In this truck accident injury claim (Parsons v. Mears, 2011 BCSC 397)  the claimant, a Victoria resident,  was operating a truck  when it became stuck in mud. A good samaritan, Mr. Mears,  attempted to pull the truck out of the mud using a cable and tractor. The tractor flipped and trapped Mr. Mears. The claimant alleges that he  suffered various…

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ICBC Injury Claimant Makes Truck Accident Statement Containing Obvious Exaggerations

This personal injury claim filed in Vancouver BC (Manson v. Kalar, 2011 BCSC 373) arose from a motor vehicle accident which occurred when the claimant’s vehicle was rear-ended by a vehicle.  The other driver admitted fault and the trial was limited to an assessment of  how much money, if any, should the claimant get for his car accident injury.   …

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Injury Claimant’s Credibility Put into Question after Court Finds that he was, “leading a secret life”

In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…

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Top Personal Injury Lawyers in British Columbia will now Want to Include More Legal Analysis in Court Applications

Typically, as in this Victoria personal injury case(Zecher v. Josh, 2011 BCSC 311), ICBC and other insurance companies will demand that injury claimants disclose medical records, employment records, and school records dating  back before the car accident.  The best personal injury lawyers in Victoria, Vancouver and all other parts of British Columbia need to be aware that …

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ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

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Bicycle Accident in Vancouver Results in Minor Back Injury Award to Car Accident Claimant

The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver  when he collided with a panel van.  In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate…

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Car Accident Injury Claimant Awarded over $1.8 Million for Loss of Corporate Profits With No Lost Salary

In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that  a claimant’s  ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss.  The claimant alleged that his injuries affected his ability to work and as a…

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