The injury claimant was seriously injured in a motor vehicle accident when a tractor-trailer struck and crushed her Volvo inside the Massey Tunnel near Delta, B.C. She suffered extensive injuries including a severe brain injury(O’Connell v. Yung,2012 BCCA 57). The trial judge awarded more than $2.9 million in this personal injury case and ICBC, as the insurer…
The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors. As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…
In this personal injury lawyer bill review case (2011 BCSC 1799) the lawyer filed an appointment for the review of the bills that he had rendered to his former client. The client was a back seat passenger in a vehicle that was hit from the rear by another vehicle and hired the lawyer to pursue a claim for…
The injury claimant, a pedestrian, was crossing Nelson Avenue in Burnaby, B.C. when her husband was hit by a car(Arsenovski v. Bodin, 2012 BCSC 35). The claimants husband subsequently reached a settlement with the Insurance Corporation of British Columbia (“ICBC”) for compensation resulting from his injuries. The claimant, although not struck by the motor vehicle, claimed relief for the injuries suffered…
The claimant was injured in a car accident and her claim at trial was dismissed. For reasons given orally, the judge found the claimant was totally at fault. the claimant appealed, contending the judge was wrong and the Court of Appeal agreed. The injury claimant won her personal injury appeal (Smeltzer v. Merrison,2012 BCCA 13). Essentially…
I have been a personal injury lawyer in British Columbia since 1995 and am always asked to give legal advice about ICBC offers of settlement. All too often injury claimants call me at best at the final hour or when it is too late to save a critical element of the car accident case. I certainly…
When a person suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…
In this ICBC Langley personal injury claim (Shinkaruk v. Crouch,2011 BCSC 1762) a pickup truck collided with the claimant’s car in the intersection of 96th Avenue and Telegraph Trail. The weather was clear, visibility was good and the streets were bare. The claimant’s evidence was that he pulled up to the sidewalk and looked to…
I have been a personal injury lawyer in Vancouver since 1995 and have witnessed the change in how the Insurance Corporation of British Columbia, ICBC, pays for physiotherapy. I have written and dealt extensively with ICBC accident benefits and explain how ICBC accident benefits work for people that are injured in car accidents in British…
The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…