Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke  , still good…

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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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Injured Cyclists with no Helmet- Does Wearing a Helmet Really Make a Difference?

Another cyclist was hit by a car  at 8th and Quebec in Vancouver and the  26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane.…

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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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Injured Motorcyclist has His Claim Dismissed for Travelling too Close

Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010-  the injury claimant was riding his motorcycle  after spending time at a motorcycle show at the Tradex Centre near Abbotsford.  It was early afternoon, and the weather was clear and dry.  The claimant was travelling behind the car of the defendant, Benita Marshall.  The claimant said that Ms. Marshall stopped her…

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Find a Personal Injury Lawyer to State the Legal Basis of your Claim

July, 14th, 2010-  As of July 1st, 2010 every personal injury claimant now has to state the legal basis of their claim in the Notice of Civil Claim filed in our Supreme Court.  With the change in the Court Rules lawyers in British Columbia are grappling with what a concise summary of the legal basis on 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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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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Failure to Visit Doctor Not Used Against Personal Injury Claimant

July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury.  This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…

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