A family doctor or specialist involved an in ICBC or other personal injury claim is often much less prepared for court than many personal injury clients expect. There are many factors to consider when finding a physician including experience, location, local resources, and the like. However, an understanding of their duty to the Court will…
Finally Found! We have been receiving online ICBC claims information and reporting ICBC claims since 1999 for our personal injury clients. As a legal advocate for the injured I began reporting ICBC claims in 1995, before any online reporting systems existed. Unbelievably very little has changed in the ICBC reporting requirements since the regulations were…
Personal injury lawyers in British Columbia are often faced with having to attend one or more Case Planning Conferences (“CPC”) at the request of ICBC or other defendants in the normal course of litigation. These closed court CPC’s have a status of their own and, as recently revealed, are under veil of secrecy. The court…
No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…
The law creating the Insurance Corporation of British Columbia, ICBC, essentially prohibits an owner, driver or passenger from entering into a contract to exclude liability while in use and operation of a motor vehicle. The majority of our Court of Appeal have determined that such a waiver or release is contrary to the nature of…
The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect more money for awards and settlements for future losses. This better reflects the decrease in…
It is not uncommon for the Insurance Corporation of British Columbia, ICBC, to initially accept fault for an accident and then later change their mind. ICBC personal injury lawyers assisting victims will welcome this case (Pavan v. Guolo,2014 BCSC 648) as it makes it clear that ICBC must produce all documents gathered in the investigation…
Being ahead of the curve when it comes to anticipating changing interests on the other side of an injury claim can lead to profound improvements in your negotiating as a lawyer. Potential personal injury clients are also well aware of how important it is that their lawyer to be part of the changing process of…
As a personal injury lawyer in BC since 1995 I have witnessed the evolution of chiropractic care from an uncommon and alternative form of treatment to a designated health profession used by the mainstream public. I have also been keenly aware of ICBCs changing policy when it comes to funding Chiropractic care for car accident…
In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was driving home from a Vancouver Canucks hockey game. Another vehicle failed to stop and struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…