Statement to ICBC Evidentiary Basis for Finding of Negligence Says Court of Appeal

This BC Court of Appeal personal injury case is another example of just how important an ICBC statement is in a car accident lawsuit(Power v. White, 2012 BCCA 197). The Court upheld the decision of the Supreme Court of BC finding the rearending driver fully at fault despite the injury claimant having swerved and braked in front…

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Injury Lawyers Best to Use Court Rules with ICBC Claims

  When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant  lawyer’s best options are usually assisted by the use of the…

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Fast Track Personal Injury Claimant Awarded over $100,000

In this Fast Track car accident injury case (Bissonnette v. Horn, 2012 BCSC 518) the injury claimant was a passenger in a vehicle driving southbound on 203rd Street, near Michaud Crescent, in Langley, B.C.  Another vehicle, also traveling southbound on 203rd Street, cut off the claimant  vehicle causing it to lose control, which then came in contact with a utility…

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Best Way to Hire a Personal Injury Lawyer in British Columbia

I have been a personal injury lawyer representing injury claimants against ICBC since 1995 in BC and have helped countless claimants settle their injury claims from my law office in Vancouver. Finding a lawyer can be a daunting task and most people that call my office are concerned about the cost of a lawyer. Here…

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Personal injury Claimant has Welfare Payments Deducted from Car Accident Award

This car accident injury claimant was awarded over $1.6 million for personal injury after deduction of welfare payments(Campbell v. Swetland, 2012 BCSC 423). This  personal injury claim arose from a motorcycle and automobile collision that occurred when the claimant was riding her red 2010 Triumph motorcycle northbound on Highway 6 when the south bound defendant, driving a white 1998 Subaru…

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Car Accident Injury Claimant on Maternity Leave at Trial Awarded over $120,000.00

The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…

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ICBC Denied Access to Injury Claimant’s Medical Services Plan History Printout in Car Accident Case

The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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Free Legal Advice for your ICBC Personal Injury Claim In Social Media

When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…

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Injury Claimant Not required to Attend Insurance Company Medical Examination

In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist.  Master Baker pointed out, [18]  To…

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