The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…
This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…
December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…
In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter…
The injury claimant sued for his losses after he was run down in a crosswalk and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit. The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…
In this slip and fall serious personal injury claim (Jack v. Tekavec,2011 BCCA 464) the injury claimant fell three stories after leaning against a rotted, poorly repaired balcony railing. The owner and manager of the apartment complex was found fully at fault in negligence as an occupier. The at fault owner and manager appealed the judgment awarding $322,000.00 in…
This was a personal injury case appeal from Master Taylor(Scott v. Ridgway, 2011 BCSC 1552), who ordered the claimant to attend for a second medical examination regarding her functional capacity. I have reviewed several prior personal injury cases where ICBC has been denied second medical examinations. Anyone being asked to attend more than one medical examination for for…
The Insurance Corporation of British Columbia (ICBC) was required to defend a car accident personal injury claim which occurred near Merritt, British Columbia(Wittich v. Bob,2011 BCSC 1471).The claimant retained a Coquitlam law firm to act for her and that firm commenced the civil lawsuit in the New Westminster Registry. After the lawsuit was filed that provided for the place…
A Maple Ridge man with no lawyer now owes over 3 million dollars after court finds that he intentionally hit the injury claimant in the head with a golf club resulting in a severe skull fracture and traumatic brain injury(Saether v. Irvine, 2011 BCSC 1497) . The altercation occurred in front of a home in Maple Ridge, British…
The Statutory powers of the Insurance Corporation of British Columbia, ICBC, are concurrent with an obligation that it pay innocent injury claimants if they are injured by uninjured drivers or driver’s that breach their insurance, such as drinking and driving in a car crash. In this uninsured ICBC personal injury case (Shapiro v. Dailey, 2011 BCCA…