At Fault Driver 100% responsible for aggravations of Claimant’s Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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Slip and Fall Victim 75% to Blame for for Her Injury

Hunter v. Anderson, 2010 BCSC 1037 July 28, 2010- The claim in this injury case is  for injuries said to have resulted from slipping and falling on the front stairs to a  rental accommodation in Port Coquitlam.   The claimant received a rent reduction in exchange for her agreement to shovel and clear the outside staircase where she…

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ICBC denied request to have Two Car Accident Cases Heard Together

Egan v. ICBC, 2010 BCSC 1042 July 27, 2010-  Insurance Corporation of British Columbia (“ICBC”), applied to court  for an order that two car accident injury claims being made by one claimant be heard at the same time. In the ICBC injury claim , the injured claimed damages for personal injuries, including injury to the head, headaches, cognitive problems,…

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ICBC Refused to Pay Successful Injury Victim But Court Orders ICBC to pay the full amount

Wormell v. Insurance Corp. of British Columbia, 2010 BCSC 1028 July 22, 2010-  The injury claimant obtained a court award of  $570,288.71  for serious personal injuries suffered in an accident. The at fault  ICBC insured owned a large Kenworth flatbed truck with an attached crane. The injury claimant was helping remove cargo when he jumped off…

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Injury Claimant Failed to Beat ICBC Offer and Court Orders her to pay over $40,000.00 to ICBC

Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…

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ICBC Injury Claimant not required to Sign Medical Authorizations Says Judge

Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The  injury claimant was in a car accident that occurred  when she was two years old.  Her claim is  that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…

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Injury Claim Against Chiropractor Dismissed Despite Judge Finding No Informed Consent

Kern v. Forest,  2010 BCSC 938 July 28, 2011-   The Claimant  saw her family doctor complaining of left shoulder pain. Her family doctor referred her for chiropractic treatment and she was treated by two chiropractors.  After the treatments, the Claimant was diagnosed with spinal cord compression, caused by a herniated cervical disc.  A neurosurgeon performed a discectomy and removed the herniated…

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ICBC Personal Injury Lawyers Left to Explain New Rules to Clients

July 28, 2011- New Civil Rules of Court came into effect July 1st, 2010 and court registries have set new protocols on  how the Rules work for personal injury lawsuit. The court registry is now a little more predictable. For example, back in July, 2010 I went to obtain dates for trial and dates for a  judge led conference…

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No Reduction in Brain Injury Award Despite Previous Serious Car Accident Causing Brain Injury

Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…

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Injury Claim is Dismissed but Appeal Court Disagrees and Gives Claimant Another Day in Court

Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…

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