Injured Car Accident Passenger Settles for $900,000 and gets Low Interest Award on Costs

The claimant was five years of age and was a back seat passenger in a car being  driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit  by another car going southbound . This case involved issues…

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Personal Injury Claimant Awarded over $250,000.00 for Car Accident Injury

The claimant was injured in a car crash in Roberts Creek on the Sunshine Coast near Gibsons, British Columbia (Milliken v. Rowe, 2011 BCSC 1458). While the injury claimant  was turning left at an intersection the other driver attempted to pass on the left  striking  the driver’s side of the claimant’s car. The personal injury claimant  was 37 when she was…

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Generous ICBC Offer to Settle Refused and Injury Claimant Must Pay Expenses

This is an ICBC car crash injury costs case which happened at the intersection of 64th Avenue and 152nd Street in Surrey, BC(Gatzke v. Sidhu, 2011 BCSC 1214). It was dark and raining.  The injury claimant was westbound on 64th Avenue and  her evidence was that she was planning to drive further along 64th and eventually to turn right and…

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Truck Accident Injury Claimant awarded over $1 Million for Traumatic Brain Injury

In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…

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Personal Injury Appeal Successful, Judge Wrong about Car Accident Not Being Cause of his Disabling Pain

The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…

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Accident Injury Claims in Vancouver Lead to $201,000 Award for Loss of Mortgage Business

In this two car accident  low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of  the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant  failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…

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Car Accident Claimant Awarded Legal Fees Despite Low Personal Injury Award

In British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a  contribution toward  legal fee unless the claimant…

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Bicycle Accident Victim has to Pay Costs for Failing to Accept ICBC Offer to Settle

This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC.  The Judge awarded the claimant $20,000 for pain and suffering and $629.96…

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Injury Claim Arising from Four Car Accidents Results in $119,000 Award

The injury claimant in this multiple rear-end car crash case(Keenan v. Fletcher, 2011 BCSC 520) was a 46-year-old police officer with the New Westminster Police Service. Amazingly the claimant was involved in four motor vehicle accidents in the same year, all of which ICBC admitted liability. She claims she suffered soft tissue injuries to her neck, right shoulder and lower back,…

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Car Accident Claimant Fails to Beat ICBC Offer and Punished by the Court of Appeal

In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…

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