Retired Lawyer Represents Himself in Personal Injury Case and Receives Low Award

This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…

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What is the Deadline for my ICBC Injury Claim?

December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…

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Car Accident Drivers Deny Liability and Court takes Personal Injury Case off Fast Track

The injury claimant  sued for his losses after he was run down in a crosswalk  and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit.  The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…

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Injury Claimant Awarded Legal Fee Contribution as Judge Acknowledges Court Backlog

This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing.  There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…

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Reporting a Car Accident to ICBC Dial-a-Claim Will Create a Written Record

ICBC will often, through their lawyer in the personal injury litigation, cross-exam the injury claimant on any reports to the ICBC Dial-a-Claim service about a car accident. The Dial-a-Claim Representative interprets the information being conveyed over the phone and creates an internal document which is attached to the injury claimant’s file. I have found, in my…

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Car Accident Injury Claimant Compensated by BC Court for Private Health Care Costs

Personal injury lawyers in British Columbia are always being asked to help get the Insurance Corporation of British Columbia, ICBC, to pay for medical expenses that are not covered by the Medical Services Plan. In this private medical cost car accident injury claim(Engqvist v. Doyle, 2011 BCSC 1585)  Judge Rogers in Kelowna found that the injury…

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Personal Injury Medical Examination Denied as No Special Circumstances

This was a personal injury case appeal from Master Taylor(Scott v. Ridgway, 2011 BCSC 1552), who ordered the claimant to attend for a second  medical examination regarding her functional capacity. I have reviewed several prior personal injury cases where ICBC has been denied second medical examinations. Anyone being asked to attend more than one medical examination for for…

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ICBC Hit and Run Injury Claim Dismissed Based on Weak Circumstantial Evidence

In this ICBC hit and run personal injury case (Paguio v. Fraser, 2011 BCSC 1519)  the claimant was riding his motor scooter on Knight Street in Richmond heading to his workplace in south Vancouver. The injury claimant  had just purchased the scooter the morning of the accident and had not ridden a motorcycle in any meaningful way…

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ICBC Disallowed Costs From Out of Town Personal Injury Lawyer

The Insurance Corporation of British Columbia (ICBC) was required to defend a  car accident personal injury claim which occurred near Merritt, British Columbia(Wittich v. Bob,2011 BCSC 1471).The claimant retained a Coquitlam law firm to act for her and that firm commenced the civil lawsuit  in the New Westminster Registry.  After the lawsuit was  filed that provided for the place…

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Injured Car Accident Passenger Settles for $900,000 and gets Low Interest Award on Costs

The claimant was five years of age and was a back seat passenger in a car being  driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit  by another car going southbound . This case involved issues…

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