Personal injury Claimant has Welfare Payments Deducted from Car Accident Award

This car accident injury claimant was awarded over $1.6 million for personal injury after deduction of welfare payments(Campbell v. Swetland, 2012 BCSC 423). This  personal injury claim arose from a motorcycle and automobile collision that occurred when the claimant was riding her red 2010 Triumph motorcycle northbound on Highway 6 when the south bound defendant, driving a white 1998 Subaru…

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Car Accident Injury Claimant on Maternity Leave at Trial Awarded over $120,000.00

The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…

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ICBC Denied Access to Injury Claimant’s Medical Services Plan History Printout in Car Accident Case

The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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Free Legal Advice for your ICBC Personal Injury Claim In Social Media

When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…

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Injury Claimant Not required to Attend Insurance Company Medical Examination

In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist.  Master Baker pointed out, [18]  To…

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How to Make a Hit and Run Personal Injury Claim with ICBC

The Insurance Corporation of British Columbia controls a fund for personal injury victims injured by at fault hit and run drivers. Without this unique coverage, a person injured by an unknown driver would have no way of getting compensation for the losses due to the negligence of the other driver. There are strict reporting requirements under…

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Boy Loses Personal Injury Claim For Second Time in Bicycle Accident Case

In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle.  The car accident occurred  near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall  intersects with Library Road in Delta, British Columbia.   The young…

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ICBC Adjuster Required to Produce notes and Investigation Report in Car Accident Injury Case

This was an application for production of ICBC documents in a car accident injury case(Bako v. Gray,2012 BCSC 204). The injury claimant applied for production of various documents which had been listed by the defendant in Part 4 of his List of Documents subject to a claim of litigation privilege.     The injury claimant  alleged that the ICBC…

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Car Accident Fibromyalgia Award of $125,000.00 for Pain and Suffering upheld on Appeal

This appeal concerned the amount  awarded as a result of two motor vehicle accidents that occurred in quick succession(Morlan v. Barrett, 2012 BCCA 66) . The first accident was a head-on collision. After that collision, the claimant got  out of her vehicle to speak with the other driver.  A few minutes later, she returned to her vehicle…

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