2021 Pain and Suffering Awards for a Broken Leg

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. In deciding the amount of pain and suffering to award to an injured claimant, the court will take into account several factors.  These factors include…

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ICBC’s Insane Profits and ICBC’s 6% Disbursement Cap – J. Small Interviewed by Canadian Lawyer Magazine

Canadian Lawyer Magazine reports on and delivers award winning content on important legal issues throughout the country. Jacqueline Small of our firm has been interviewed several times on issues relating to personal injury law in British Columbia by Canadian Lawyer Magazine. Ms. Small was recently featured in Canadian Lawyer Magazine’s story about ICBC’s 6% disbursement…

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Does ICBC Have to Pay My Disbursements?

Disbursements are legal expenses.  Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc.  Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim.  Until recently, ICBC was responsible…

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Can you trust ICBC if they tell you that your injury is “minor” and that your claim is “capped”?

In a prior blog post, we addressed the ICBC minor injury caps which came into effect for all motor vehicle accidents occurring on or after April 1, 2019.   If an injury fits the definition of “minor” in the new law passed by the NDP, then compensation is capped or limited to a maximum $5,500.00 for…

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Vancouver ICBC Lawyer – Pain and Suffering Award Takes into Consideration Changes to Family Planning due to Chronic Pain

Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life.  Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…

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Jacqueline Small Interviewed (again) by Canadian Lawyer Magazine on ICBC Reprehensible Conduct

Several times in the last year, Jacqueline Small of our firm has been interviewed by Canadian Lawyer on current trends and trial decisions that impact the area of injury law in British Columbia.  We are proud to stay ahead of the curve and to remain up to date on the law.  We believe this is…

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ICBC Sued for Defamation for giving Misleading Information to an Injured Claimant’s Employer

When investigating an ICBC injury claim, ICBC will often attempt to interview and speak to various witnesses who may have information about the injured claimant and his/her claim.  Part of this investigation often includes contacting the injured claimant’s friends, family, co-workers and employers.  If the witnesses do not voluntarily agree to speak to ICBC or…

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Eby and the NDP Try to “Rewrite” the Law to Avoid Responsibility in 900 Million Dollar Class Action Case

Since the NDP have been in power, the party has completely restructured ICBC to suit the government’s needs and to save this crown corporation money.  Instead of focusing on restructuring and fixing the severe mismanagement of ICBC to protect injured claimants, British Columbians have been the target with their rights being stripped away with the…

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Vancouver ICBC Lawyer – ICBC Expert Report Inadmissible at Trial

The courts require expert medical evidence to consider when determining the injured claimant’s injuries and the impact those injuries have had on that person’s life.  This expert evidence is essential to determine the proper amount of compensation to be awarded to an injured claimant.  This medical expert evidence is obtained either from the injured claimant’s…

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Vancouver ICBC Lawyer – ICBC Punished for Reprehensible Conduct at Trial

In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents.  In the first motor vehicle accident, she was rear-ended and ICBC admitted fault.  In the second motor vehicle accident, she was a passenger in a transit bus.  An unidentified driver tried to…

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