September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have…
Hullenaar v. Wells, 2010 BCSC 1070 August 3, 2010- ICBC applied for an order dismissing the injury claim because of the claimant’s delay. The ICBC injury claim arose in November of 1997. The claimaint was in his car when he was “boxed in” by two cars being driven by two of the defendants. He says that the other…
July 29, 2010- ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age. However, it is inappropriate to discount an award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke , still good…
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,…
Another cyclist was hit by a car at 8th and Quebec in Vancouver and the 26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane.…
Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…
Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…