This personal injury claimant beat her offer of settlement made 7 days before trial. As a result the Judge awarded the claimant double costs. The claimant was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C. in which the claimant suffered mild to moderate soft tissue injuries and…
In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs. ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…
Over $75,000.00 was added to this personal injury award on account of the Increased discount rates! (McLeod v. Goodman,2014 BCSC 1551), Future loss of earnings and costs of future care in ICBC injury claims now have to be increased to more accurately reflect the claimants real losses. As a result of changes to the discount…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…
In this somewhat successful appeal, the BC Court of Appeal makes it clear that a car accident claimant, despite being a worker and being injured by a worker, is not statute-barred from maintaining an action for business-related losses that do not relate to personal injuries(Singh v. Sopper,2014 BCCA 243). The case involved a motor vehicle…
Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier. Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…
When a person is injured in a motor vehicle accident and has already attended a medical assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…
Personal injury lawyers in Vancouver give notice of accidents and report motor vehicle crashes to the Insurance Corporation of British Columbia, ICBC on behalf of clients. However, whether you have a lawyer or not, a statement following an accident does not have to be signed, but as set out in the legislation you will have…
Good news for personal injury claimants in Victoria, Vancouver and the rest of the Province. If a personal injury case in British Columbia is filed under Fast Track , the Civil Rules limit the under oath examination of the claimant to two hours. The following case of (Henneberry v. Humber, 2014 BCSC 1133 ) stands for the…
After settlement of a personal injury case with ICBC the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an iron fist by fighting costs after settlement. In the personal injury case of Gray v. Kohnert,2014…