Personal Injury Lawyer Not Permitted to Guide Jury on the Value of the Claim for Pain and Suffering

This is a good opportunity to review some basics on how your ICBC personal injury claim may be presented in front of a jury.  In British Columbia any party to a lawsuit involving personal injuries can ask the court for a jury.  A jury can be refused if the court thinks that the case is…

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Judge Rejects ICBC’s Argument that an Innocent Pregnant Injury Claimant was at Fault for Trying to Work

Grewal-Cheema v. Tassone, 2010 BCSC 1182 August 25, 2010-  The claimant was injuried when she was waiting in traffic and suddenly rear ended.  The other driver admitted fault but ICBC  denied the injury claimant suffered  injury.  The injury claimant was pregnant and  her maternity leave ended about one year after her injury.   She then took voluntary unpaid leave as she…

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Injury Claimant awarded $62,000 despite other Driver ICBC statement Saying Accident not Very Severe

Sandher v. Hogg, 2010 BCSC 1152 August 17, 2010-  The injury claimant  was operating a 2001 Honda Civic on King George Highway in British Columbia  when she was rear-ended by another vehicle. Before the impact she had slammed on her brakes because the vehicle in front of her had suddenly stopped. She also tensed prior to…

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ICBC Allowed to Withdraw Their Agreement to Admit Fault

Gibson v. ICBC, 2010 BCSC 1097 August 16, 2010- This is a hit and run  motorcycle accident case that seems to have gone sideways in part because an anonymous tip was given over the “ICBC tip line” after the Judge heard the case. While riding his motorcycle late at night the injury claimant was struck from behind. …

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Injury Claimant Awarded $5.9 Million for Dance Club Injury-ICBC Only has to pay $10,000.00

Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 August 13, 2010- In this case the injury claimant was a lawyer  involved in two accidents, a fall in a Vancouver nightclub, Bar None, and a motor vehicle accident that occurred one year later . The court found that the claimant suffered a mild traumatic brain…

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Injury Claimants’ ICBC Statement Not Inconsistent With Her Trial Testimony

Jones v. Ma, 2010 BCSC 1125  August 11, 2010- The motor vehicle accident that is the subject of this personal injury claim  occurred on Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line.  Just prior to the…

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ICBC Not Entitled to Double Court Costs Against Unsuccessful Injury Claimant

Mudry v. Minhas, 2010 BCSC 1110 August 10, 2010-  This ICBC personal injury case involves an injury claim arising from a motor vehicle accident.  The Judge decided that the driver being sued was at fault but the Judge dismissed the claim because the evidence showed  that the claimant suffered absolutely no  injury in the car accident. 18 months before…

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Pregnant ICBC Personal Injury Claimant Entitled to Award for Pain and Suffering

A pregnant car accident claimant can  experience severe upset regarding the potential effects of the accident on her unborn child and the effects of her physical injuries on her ability to carry her child to term. The ICBC injury claimant’s treatment can also be complicated by her pregnancy and the subsequent birth. ICBC and other insurance…

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ICBC Forced to Disclose Documents to Injury Claimant

Craig v. Smith, 2010 BCSC 1082 August 3, 2010- ICBC refused to give an injury claimant relevant documents regarding a motor vehicle accident. The personal injury lawyer representing the claimant had been asking ICBC for the documents for over a year.  There were several written demands, a formal application to court and a day of argument, over the…

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ICBC Injury Claimant has Claim dismissed due to 13 Year Delay

Hullenaar v. Wells, 2010 BCSC 1070 August 3, 2010-  ICBC applied  for an order dismissing the injury claim because of the claimant’s delay. The ICBC injury claim arose in November of 1997.  The claimaint  was in his car when he was “boxed in” by two cars being driven by two of the defendants. He says that the other…

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