Pregnant ICBC Personal Injury Claimant Entitled to Award for Pain and Suffering

A pregnant car accident claimant can  experience severe upset regarding the potential effects of the accident on her unborn child and the effects of her physical injuries on her ability to carry her child to term. The ICBC injury claimant’s treatment can also be complicated by her pregnancy and the subsequent birth. ICBC and other insurance…

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Claimant Injured by A Car Trying to avoid a Deer in the Road

Power v. White, 2010 BCSC 1084 August 5, 2010- This injury claim  arising out of a motor vehicle accident that occurred  on the Island Highway on Vancouver island, when the vehicle being driven by the injury claimant was rear-ended by an ICBC insured driver.   The  car accident was created  by  a deer on the highway  which…

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At Fault Driver 100% responsible for aggravations of Claimant’s Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke  , still good…

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Injury Claimant Failed to Beat ICBC Offer and Court Orders her to pay over $40,000.00 to ICBC

Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…

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No Chronic Injury in Vancouver Car Accident Yet Judge Awards Money For Loss of Earning Capacity

Co v. Watson, 2010 BCSC 950 July 26, 2011- At the intersection of Hemlock and Broadway in Vancouver, Ms. Co who was a passenger  was injured when another vehicle driven by Mr. Watson went through a red light and struck the passenger side of her vehicle.  The injury claimant suffered soft tissue whiplash type injuries to her neck, shoulders…

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Brain Injured Claimant Sent Back for New Trial Because of Conflicting Eyewitness Testimony

Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…

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How to Settle My ICBC Injury Claim

December 5, 2013- This is only a problem if you do not have a lawyer because a personal injury lawyer’s job is, in part, to negotiate and settle your case. It is like asking “how do I fix my car?”, there are a lot of manuals and training courses out there to help you become…

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We Won the Personal Injury Case Right? The Court Significantly Reduces Jury Award

July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a…

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Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries

Bortnik v. Gutierrez, 2010 BCSC 856 June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the…

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