Hosting Thanksgiving Dinner Inconsistent with Functional Capacity Evaluation

In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…

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ICBC Settlements 2022 for Personal Injury

Bad News for those Injured in Car Accidents Settlements with ICBC to compensate for pain and suffering are ending. The BC NDP has created laws to prevent innocent victims of car accidents obtaining compensation for these losses. The current government have extinguished individual rights in favour of increasing the powers of the auto monopoly ICBC.…

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ICBC Power to Deny Injury Costs Overturned

Injury Claimants Now  Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…

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Auto Injury Victims Sue for Discrimination in ICBC No Fault Benefits Scheme

How Much money will ICBC injury claimants get for injuries? The new ICBC laws eliminate the ability of car accident victims to bring claims to compensate for injuries. For accident after May 1, 2021 money is no longer awarded for pain and suffering as a result of negligent driving. ICBC injury benefits are now capped…

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The Impact of Pre-Existing Injuries on ICBC Pain and Suffering Trial Awards

As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…

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$130,000.00 Awarded for Pain and Suffering for Chronic Partially Disabling Soft Tissue Injuries

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors.  These factors include the age of…

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ICBC’s Disbursement Limit and Expert Limit Criticized at Trial by BC Supreme Court Judge

We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…

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2022 ICBC Trial Awards for Chronic and Permanent Soft Tissue Injuries

Damages for pain and suffering, also known as non-pecuniary damages, are awarded to compensate an injured claimant for the pain and suffering, loss of enjoyment of life and loss of amenities caused by a defendant’s negligence.  The amount of the award is not determined by the nature or seriousness of the injuries alone. Additional factors…

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$100,000 Awarded for Pain and Suffering Assault and Battery Injury Causing Multiple Fractures

As discussed in previous blog articles on assault injuries, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable…

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$120,000.00 Awarded Against ICBC for Somatic Symptom Disorder and Chronic Pain

As discussed in several prior blog posts, damages for pain and suffering for ICBC cases, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future.  The amount awarded…

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