A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims will have to suffer pain for the rest of their lives. In today’s ICBC case example…
This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…
In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected. The claimant was therefore entitled to an…
This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that had previously stopped in front of her. Immediately she experienced pain in her right leg, left…
Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”). Should the claimant be awarded a global amount…
There are two types of losses, or damages, that can be claimed following a car accident whiplash injury in which the claimant is not at fault. First, Pecuniary damages for income loss and calculable out of pocket expenses. Second, Non-pecuniary damages to compensation for pain, suffering and loss of amenities and loss of enjoyment of…
Helping understand loss of earning capacity claims in BC in today’s personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light. The light turned green and the defendant lifted his foot from the brake of his car, and his car began to roll forward. He did not…
The Honourable Mr. Justice Skolrood in Kweon v. Roy,2016 BCSC 2305 is the source of today’s article about evaluating loss of income in ICBC personal Injury claims. In Kweon the ICBC claimant was awarded $165,000 for Loss of future earning capacity and $175,000 for pain and suffering. The Court of Appeal in Ibbitson v. Cooper, 2012 BCCA 249…
The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…
In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…
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