Car Accident Claimant gets $156,000.00 for Whiplash Injury-Judge Explains Judicial Requirement for Written Decisions

In this Vancouver personal injury case(Jackson v. Mongrain)the claimant sought compensation for injuries arising out of a car accident which occurred on the Lougheed Highway in BC.  The car in which the injury claimant was a passenger was stopped in the left lane for eastbound traffic waiting for the car ahead of it to complete a turn.…

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ICBC Statement in Car Accident Personal Injury Case not Fatal-Top Dollar for Minor Injury

In this personal injury summary trial(Thomson v. Hunt) the injury claimant was seeking compensation for injuries that he sustained in a motor vehicle collision in Coquitlam, British Columbia.  The car accident occurred when it was dark and the roads were wet. The other driver was southbound at the intersection of Dawes Hill Road and Monashee Court in Coquitlam, when…

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Head Injury ICBC Settlements Involving Limb Injury and Malpractice Allegations

Being a personal injury lawyer in Vancouver British Columbia settling injury claims since 1995 I have dealt with cases in which the injury claimant has suffered a brain and spinal cord injury in a car accident and ICBC claims that the ongoing disability is due to the negligence of the surgeon and not the at…

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Insurance Corporation of British Columiba Offer of Settlement Should have been Accepted

The injury claimant in this Insurance Corporation of British Columbia hit and run case(Dickson v. Insurance Corporation of Canada, 2010 BCSC 1834) was in a car accident with a person that fled the scene. The claimant injury lawyer was able to prove the fleeing driver was 50% at fault for the accident and the Insurance Corporation of British…

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ICBC Injury Claim Against Dead Driver of a Stolen Vehicle- Is there Compensation?

I am a personal injury lawyer in Vancouver and was in court chambers this week on an interesting matter.  The courthouse was probably the busiest I have every seen with almost 90 court applications scheduled to be heard by one master of our Supreme Court. The court clerk did an amazing job of coordinating the…

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ICBC Gets Personal Injury Award Reduced as Claimant not trying Hard Enough

In this personal injury case (Cripps v. Overend) the claimant suffered  personal injuries in a motor vehicle accident on 168th Street in Surrey, British Columbia but failed to take adequate steps to rehabilitate after his injury. The accident was a  T-bone  impact from another driver that came through a stop sign at a high speed. The impact caused the…

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ICBC Not Required to Pay Car Accident Benefits for Amercian Insured-Power of Attorney and Undertaking

This case,Moldovan v. ICBC, started as an injury claim for ICBC Part 7 accident benefits(or “no fault benefits”) arising out of a motor vehicle accident which occurred in Coquitlam, British Columbia. I have been a personal injury lawyer in Vancouver representing injury claimants against ICBC since 1995 and can say this case is yet another example of the…

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ICBC Pays for all lawyers appeal to Top Court in Personal Injury Case

In this puzzling  ICBC  top appeal on an award for income loss (Laxdal v. Robbins, BCCA) the injury claimant was involved in a four car motor vehicle accident on Bowen Road near the intersection of Pryde Avenue in Nanaimo, B.C.  Fault for the accident was admitted but at issue was whether the claimant suffered any injuries in the accident and, if so,…

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ICBC Injury Claimant Must get Award for Pain and Suffering if Treatment is Required

Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…

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ICBC Doctor Cannot Force Injury Claimant to Waive Right to Sue

As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps.  This injury claim arises…

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