Falling Injury Due to Negligence of Superstore- Painful Hip Injury

In this  falling injury case(Etson v. Loblaw Companies Limited (Real Canadian Superstore),the injury claimant tripped over the corner of a wooden pallet in Abbotsford Real Canadian Superstore, fell and broke her hip.  She required surgery to pin her hip together but within nine months the hardware failed and she had to have two further operations.   The injury…

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Head Injury ICBC Settlements Involving Limb Injury and Malpractice Allegations

Being a personal injury lawyer in Vancouver British Columbia settling injury claims since 1995 I have dealt with cases in which the injury claimant has suffered a brain and spinal cord injury in a car accident and ICBC claims that the ongoing disability is due to the negligence of the surgeon and not the at…

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ICBC Injury Claim Against Dead Driver of a Stolen Vehicle- Is there Compensation?

I am a personal injury lawyer in Vancouver and was in court chambers this week on an interesting matter.  The courthouse was probably the busiest I have every seen with almost 90 court applications scheduled to be heard by one master of our Supreme Court. The court clerk did an amazing job of coordinating the…

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Statement made to ICBC Consistent with Facts and Injury Claimant Found not to be at Fault

In this left turn car accident case (Kelly v. Yuen) the injury claimant was driving at the intersection of West Broadway and Manitoba Street in Vancouver, BC. West Broadway at this intersection is a three-lane street in each direction. The claimant was in the inside lane heading east facing a green light and waiting with her turn…

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ICBC Not Required to Pay Car Accident Benefits for Amercian Insured-Power of Attorney and Undertaking

This case,Moldovan v. ICBC, started as an injury claim for ICBC Part 7 accident benefits(or “no fault benefits”) arising out of a motor vehicle accident which occurred in Coquitlam, British Columbia. I have been a personal injury lawyer in Vancouver representing injury claimants against ICBC since 1995 and can say this case is yet another example of the…

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Vancouver Car Accident Claimant Migraines not Due to Accident

This Vancouver car accident injury claim(Helgason v. Bosa)  occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC.  The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings.  When the light turned green, she proceeded into the intersection.  The other driver…

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ICBC Injury Claimant Must get Award for Pain and Suffering if Treatment is Required

Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…

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Top Accident Claim Lawyers Must Respond to Admission Requests in a Timely Manner

The best accident lawyers in British Columbia need to be aware of the top civil rules of court. This court  application was brought by the injury claimant, after firing his lawyer,  for an order allowing him to withdraw admissions of fact(Piso v. Thompson) which occurred due to his prior lawyer’s failure to respond to a Notice to Admit delivered by…

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ICBC Doctor Cannot Force Injury Claimant to Waive Right to Sue

As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps.  This injury claim arises…

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Accident Claimant Suffers Whiplash But Not Fibromyalgia as Her Doctor Found to be a Biased Advocate

This personal injury case(Warkentin v. Riggs)  involved a claim for losses due to injuries that the claimant sustained in a motor vehicle accident . The injury claimant  was driving west on Old Clayburn Road near the intersection of Old Clayburn Road and Immel Street in Abbotsford.  A  pickup truck struck the claimant’s vehicle on the passenger side and the force of the…

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