In this ICBC costs of personal injury case ( Danicek v. Li,2011 BCSC 444) the claimant was offered $500,000.00 to settle her car accident case with ICBC. She rejected the ICBC offer and went to court where the judge only awarded her a little over $10,000.00. ICBC applied to court to have their costs, a…
In this motorcycle hit and run appeal (Thoreson v. Insurance Corporation of British Columbia,2011 BCCA 130) the claimant was injured in an accident that occurred near Vernon, British Columbia. The claimant was driving a rented Harley Davidson motorcycle and his girlfriend was riding on the back of the motorcycle when he was forced off the road…
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…
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