The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…
This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…
December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…
In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter…
The Insurance Corporation of British Columbia, ICBC, refused to accept the decision of a BC Supreme Court Judge and had to be told the obvious by the Court of Appeal of BC-Massage therapy after a car accident injury is a mandatory ICBC benefit (Raguin v. Insurance Corporation of British Columbia, 2011 BCCA 482). The infant claimants were in…
In this slip and fall serious personal injury claim (Jack v. Tekavec,2011 BCCA 464) the injury claimant fell three stories after leaning against a rotted, poorly repaired balcony railing. The owner and manager of the apartment complex was found fully at fault in negligence as an occupier. The at fault owner and manager appealed the judgment awarding $322,000.00 in…
The Insurance Corporation of British Columbia (ICBC) was required to defend a car accident personal injury claim which occurred near Merritt, British Columbia(Wittich v. Bob,2011 BCSC 1471).The claimant retained a Coquitlam law firm to act for her and that firm commenced the civil lawsuit in the New Westminster Registry. After the lawsuit was filed that provided for the place…
A Maple Ridge man with no lawyer now owes over 3 million dollars after court finds that he intentionally hit the injury claimant in the head with a golf club resulting in a severe skull fracture and traumatic brain injury(Saether v. Irvine, 2011 BCSC 1497) . The altercation occurred in front of a home in Maple Ridge, British…
In this ICBC car accident medical exam denied case (De Sousa v. Bradaric, 2011 BCSC 1400) ICBC was refused an order requiring the injury claimant to attend a second medical examination. The court reaffirmed the circumstances under which a second medical examination may be ordered. These considerations were paraphrased in an injury case from a car accident…
This claimant did not have a lawyer and his lawsuits against ICBC were dismissed by the court. This decision was clearly to help prevent misuse of the litigation process (Keremelevski v. Insurance Corporation of British Columbia,2011 BCCA 369). What was clear to the Court of Appeal was that the proceedings had no sensible basis in law or fact…
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