Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…
This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…
This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…
In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…
How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced by the court for not following medical treatment. In this case, after suffering a car accident injury in which medication was initially taken with success and then abandoned for no good reason,…
The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and suffered injuries to her neck, right shoulder, and upper back area and the Court assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less…
Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…
In this caught on video personal injury case(2013 BCSC 172), the claimant was a pedestrian at the intersection where Keith Road intersects with Taylor Way in West Vancouver. The driver was just in the process of releasing his clutch at about the time his car hit the claimant on his left knee, leg and his left…
In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144). Damage to the vehicles was minor. Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries . ICBC urged the court to conclude that the claimant could not have been…
Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00. The injury…