In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was driving home from a Vancouver Canucks hockey game. Another vehicle failed to stop and struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…
In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…
In this bus accident injury settlement, (Zhang v. Heikkila,2013 BCSC 2275) following the examinations for discovery and after three medical reports had been obtained the matter settled for $11,000.00 plus costs and disbursements. ICBC refused however to pay the cost of three medical legal reports but in this application was forced by the court to…
This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…
In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and…
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…
The British Columbia Court of Appeal provided a rare existential perspective commenting on the value of human life this week in the right to die case of Carter v. Canada (Attorney General)2013 BCCA 435. For personal injury lawyers this reaffirms the dignity and respect for life that is the backbone of injury claim compensation. As the…
Personal Injury Lawyer, Renn Holness, explains how to receive the highest award possible from your injury claim.
Car accident injuries in the elderly over 65 years of age can be profound and personal injury lawyers need to apply a different case analysis in British Columbia. So how do personal injury lawyers and Judges determine fair compensation for pain and suffering and loss of enjoyment of life for the elderly? Well the following…
Settled Personal Injury Case includes Cost of Mandarin Translation In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a…