Neck Injury Award of $75,000 for Permanent Pain and Suffering

After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident.  In the collision…

Read more

Offers to Settle Considered after 50% Fault for Car Accident

There were  two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000.  The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…

Read more

Failure of Expert to Testify Weakens Personal Injury Claim

Successful ICBC personal injury claims require expert medical opinions, especially  in the Supreme Court of British Columbia.  As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s  case (Espinoza…

Read more

Future Income Loss More Elusive in Personal injury Claims

Determining an amount for future loss of income for ICBC injury claimants just got harder as the Court of Appeal overturns a future loss income award. No new law was created but the Court of Appeal was of the view that there was no evidence of another realistic alternative occupation that would be impaired by the…

Read more

Teen Injury Award of $387,000 for Loss of Earning and Housekeeping Capacity Upheld

The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school.  She suffered soft tissue injuries that left her with chronic pain in her back, neck and right shoulder.  She attended the Karp…

Read more

$95,000 Pain and Suffering Award for Wrist Injury- Re-open Trial Refused

This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…

Read more

Suing for Moral Injury in Canada

The Supreme Court of Canada awarded a man $30,000, $15,000 of which compensated for moral injury as a result of being forced to listen to the reciting of a prayer at a municipal council meeting (Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16). The Court reinstated the  Quebec Human Rights Tribunal award of $30,000 in compensatory…

Read more

$75,000 Award for Pain and Suffering- L1 Vertebra Injury Accepted

In this low back personal injury case the claimant was driving southbound on Willingdon Avenue  in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was  whether an L1…

Read more

$100,000 for Psychological Injury- Aggravation of Stuttering Condition

The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…

Read more

Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

Read more