Court Blames Injury Claimant for not Following Treatment Despite 72 Physiotherapy Visits

Schmidt v. Hawkins, 2010 BCSC 1154 August 17, 2010-  The claimant was driving her car between Sparwood and Invermere, British Columbia returning to Kamloops, British Columbia having attended a  birthday party in Sparwood. Just before the accident the injury Claimants’ vehicle was travelling at approximately 100 kilometres per hour. As claimant vehicle rounded a corner a…

Read more

Injury Claimant awarded $62,000 despite other Driver ICBC statement Saying Accident not Very Severe

Sandher v. Hogg, 2010 BCSC 1152 August 17, 2010-  The injury claimant  was operating a 2001 Honda Civic on King George Highway in British Columbia  when she was rear-ended by another vehicle. Before the impact she had slammed on her brakes because the vehicle in front of her had suddenly stopped. She also tensed prior to…

Read more

Injury Claimant Awarded $5.9 Million for Dance Club Injury-ICBC Only has to pay $10,000.00

Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 August 13, 2010- In this case the injury claimant was a lawyer  involved in two accidents, a fall in a Vancouver nightclub, Bar None, and a motor vehicle accident that occurred one year later . The court found that the claimant suffered a mild traumatic brain…

Read more

Injury Claimants’ ICBC Statement Not Inconsistent With Her Trial Testimony

Jones v. Ma, 2010 BCSC 1125  August 11, 2010- The motor vehicle accident that is the subject of this personal injury claim  occurred on Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line.  Just prior to the…

Read more

Pregnant ICBC Personal Injury Claimant Entitled to Award for Pain and Suffering

A pregnant car accident claimant can  experience severe upset regarding the potential effects of the accident on her unborn child and the effects of her physical injuries on her ability to carry her child to term. The ICBC injury claimant’s treatment can also be complicated by her pregnancy and the subsequent birth. ICBC and other insurance…

Read more

ICBC denied request to have Two Car Accident Cases Heard Together

Egan v. ICBC, 2010 BCSC 1042 July 27, 2010-  Insurance Corporation of British Columbia (“ICBC”), applied to court  for an order that two car accident injury claims being made by one claimant be heard at the same time. In the ICBC injury claim , the injured claimed damages for personal injuries, including injury to the head, headaches, cognitive problems,…

Read more

No Chronic Injury in Vancouver Car Accident Yet Judge Awards Money For Loss of Earning Capacity

Co v. Watson, 2010 BCSC 950 July 26, 2011- At the intersection of Hemlock and Broadway in Vancouver, Ms. Co who was a passenger  was injured when another vehicle driven by Mr. Watson went through a red light and struck the passenger side of her vehicle.  The injury claimant suffered soft tissue whiplash type injuries to her neck, shoulders…

Read more

Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries

Bortnik v. Gutierrez, 2010 BCSC 856 June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the…

Read more

ICBC Forced to Pay $900,000 for Loss of Earning Capacity in Car Accident Injury Claim

This car accident injury claimant was seeking compensation from what she said was a very severe impact on her life due to her car accident injuries (Shapiro v. Dailey, 2010 BCSC 770). These injuries were soft tissue type injuries that developed into persisting chronic pain syndrome, fibromyalgia, myofascial pain, anxiety/panic disorder, depressive symptoms, post-traumatic stress disorder, thoracic outlet syndrome, and associated physical, emotional…

Read more

Previous Injury Causes Court to Reduce Award

Rhodes v. Biggar,2010 BCSC 762 June 6, 2011- This case has only been referred to once and has not to date been overturned. The central issue in this personal injury case was to assess the extent and effect of the injury claimant’s injuries caused by the car accident. The claimant had an extensive pre-existing medical history relating…

Read more