This injury claimant was awarded almost $1 million after suffering chronic pain injuries from a car accident. The accident occurred at the intersection of Fraser Street and 41st Avenue in Vancouver. The claimant’s vehicle was in the dedicated left turn lane and the defendant, intending to drive to the front of the left turn lane to…
ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems to have turned to “firmly unfair” thanks to ICBC. In the most recent case of Sebaa…
Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…
Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…
The Supreme Court of BC awarded this chronic pain claimant $115,000 for pain and suffering but complained about the manner of calling the expert evidence in this personal injury trial. After the injury claimant commenced her evidence on the first morning of the trial, a medical expert was called as a witness the first afternoon. Another medical expert was…
Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…
This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her age and injury she was able to return to work on a full-time basis, for nearly…
ICBC is now forced to pay double costs on behalf of their insured after failing to accept several reasonable offers to settle this personal injury claim. ICBC’s unreasonable conduct forced this claimant to pursue this car accident litigation for over 10 years to obtain an award of over $700,000.00 from the court for soft tissue injuries to her…
In a dramatic turn-around the Court of Appeal has allowed the appeal and set aside the order below dismissing this personal injury case . The car accident was at a very low speed and resulted in only approximately $100 in damage to the bumper of the claimant’s van. The defendant’s car was behind the claimant’s van in…
Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal. In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…