In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…
This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…
In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…
This is a question I have been asked since I settled my personal injury law practice in Vancouver in 1995,and the answer really depends on your definition of winning an injury claim. Do you want more money? a quick settlement? Your treatment covered? Other than by fluke you may want to settle your case with the advice of a…
This psychological injury car accident lawsuit ( Deros v. McCauley,2011 BCSC 195) was brought by a witness to a car accident. The accident occurred on Highway 97, north of Bear Lake, B.C. the claimant was part of a crew installing rumble strips on the highway. The injury claimant said that, as a result of witnessing the accident in which a vehicle struck…
In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that a claimant’s ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss. The claimant alleged that his injuries affected his ability to work and as a…
This was a personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver. It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…
I have been a personal injury lawyer in Vancouver since 1995 representing injury claimants and can say that this brain injury falling case (Danicek v. Alexander Holburn Beaudin & Lang, 2011 BCSC 65) stands out for me as an example of the liability insurance system gone wrong. The injury claimant, a young lawyer, suffered serious and permanent injuries…
If the Insurance Corporation of British Columbia, ICBC, lawyer gives an injury claimant an offer to settle their injury case, ICBC is usually entitled to their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial. Personal injury lawyers hired to help…
As a personal injury lawyer in Vancouver I have represented many clients ages 70 and over and I am familiar with some of the unique issues that arise after a car accident in assessing appropriate compensation for the elderly. In this post I’d like to look at a recent falling injury case(Etson v. Loblaw Companies Limited (Real Canadian…
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