This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…
In Canada most believe that innocent victims injured in car accidents should obtain some amount of compensation, however minimal, for pain and suffering and other losses without an attack on the victims credibility- In British Columbia this money usually comes from the Insurance Corporation of British Columbia, ICBC, on behalf of the at fault driver- However in two personal injury appeal…
Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…
In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144). Damage to the vehicles was minor. Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries . ICBC urged the court to conclude that the claimant could not have been…
Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00. The injury…
As a personal injury lawyer in Vancouver since 1995 I have negotiated with the Insurance Corporation of British Columbia, ICBC, for injury claimants on practically every type of car accident injury. One thing is common, genuine settlement negotiations are always “without prejudice”. What does without prejudice mean? This is the topic of today’s article. Also watch my…
A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming…
Before resolution, personal injury claims in British Columbia are usually filed in the Supreme Court of British Columbia. Cases that are worth less than $25,000.00 should be filed in the Provincial Court. If a case is worth less than $100,000 the Fast Track Litigation rules will apply and legal costs will be limited by the…
The truth is, personal injury claimants are permitted to pursue negligence claims despite the contact between vehicles. This also applies in British Columbia for accident benefits from ICBC, the Insurance corporation of British Columbia and a personal injury lawyer will be able to tell you about all the reporting requirements. Pedestrians are included in this principle and pedestrians…
Can a personal injury award be reduced? The answer is yes, by the Court of Appeal when discussing a case filed in the Supreme Court of British Columbia. If you have gone through a trial and received a favourable award, ICBC or any other defendant, has 30 days to appeal this decision. You and your personal injury…