ICBC Settlement of Car Accident Injury Claims Overturned as Lawyer had No Authority

The litigants  in this multiple car accident ICBC injury case (Johnson v. Wells, 2011 BCSC 201) return to court to complete their arguments on whether there was a settlement of an injury claim with an ICBC adjuster. In an earlier decision in this ICBC car accident settlement case the  Supreme Court of BC ordered cross-examination of the Insurance Corporation of British…

Read more

Injury Claimant Not Required to Attend Medical Exam or Pay Unreasonable Cancellation Fees

In this medical examination court application ( Minhas v. Virk, 2011 BCSC 191) the insured wanted the injury claimant to attend multiple medical examinations. The claimant agreed to attend several examinations but the lawyers could not agree on a number of terms for further exams. The claimant was involved in a motor vehicle accident and was…

Read more

Car Accident Injury Claimant Awarded over $1.8 Million for Loss of Corporate Profits With No Lost Salary

In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that  a claimant’s  ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss.  The claimant alleged that his injuries affected his ability to work and as a…

Read more

Car Accident Case In Vancouver Injury Claimant Found 75% at Fault

This was  a  personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver.  It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…

Read more

Offer of “six pack” at Trial Management Conference Helps Establish Double Costs for the Injury Claimant

This order for costs in a personal injury action  follows the decision in Jack v. Tekavec, 2010 BCSC 1773, finding a landlord at fault for a faulty balcony railing causing serious injuries to the claimant. The trial judge awarded damages of $322,463.78. The claimant delivered an offer to settle the lawsuit to the landlord’s lawyer long before…

Read more

Help Mom, Dad, and your Friends Find a Personal Injury lawyer for Their Car Accident Injury

A car accident injury claim with ICBC can become complex and potentially risky.  Here is a checklist of important car accident claim hints for people trying to help injured friends or family after a car accident in BC. 1.   If there is a question of fault ensure that there is an investigation into the circumstances…

Read more

A Guide for getting ICBC Advice for Brain Injury and Falling Personal Injury Claims

I have been a personal injury lawyer in Vancouver since 1995 and have noticed that there are a lot of  companies trying to give advice about how you should claim with ICBC or other insurance companies if you have been injured.  Some of these companies are not law firms and are not licenced to practice law in British…

Read more

Injury Claimant Not Required to Answer More Questions under Oath for ICBC Lawyers

In this car accident injury ( Lewis v. Lewis, 2010 BCSC 1925) the personal injury lawyers representing the claimant allege various injuries the most serious of which relates to an injury to her right shoulder.  The court was told that she suffers from a hemiparethesisof her left side, making even more important the use of her right…

Read more

ICBC Adjuster Testifies In Car Accident Injury Case- Injury Claimant Wins 75/25 Liability Split

This injury claim arises from a Vancouver car accident (Tang v. Rodgers,2011 BCSC 123) which occurred near the intersection of 33rd Avenue and Commercial Drive .  The only issue the court had to decide was who was at fault for the car accident. The injury claimant was driving westbound on 33rd Avenue intending to turn right…

Read more

Car Accident Claimant Sues ICBC For Hit and Run- Fleeing Driver at Fault but ICBC Claim Dismissed

In this three vehicle  ICBC hit and run accident case ( Lort v. Kwan, 2011 BCSC 86) the injury claimant was asking for compensation for personal injuries suffered in an accident that occurred on West Broadway Street between Ash Street and Cambie Street in Vancouver. The claimant was driving his Harley Davidson motorcycle eastbound on West…

Read more