It is not uncommon for the Insurance Corporation of British Columbia, ICBC, to initially accept fault for an accident and then later change their mind. ICBC personal injury lawyers assisting victims will welcome this case (Pavan v. Guolo,2014 BCSC 648) as it makes it clear that ICBC must produce all documents gathered in the investigation…
Money compensation from ICBC and other insurance companies for pain and suffering should be dictated by the amount claimants are able to obtain under the law. In this car accident case the personal injury claimant was driving along Jacklin Road near Sooke Road in Victoria, B.C. when another car struck her right rear section while exiting a…
The court awarded more than $300,000.00 to this heavy duty mechanic that suffered injuries in two car accidents (Hong v. Wagner,2014 BCSC 373). Despite considerable concern surrounding the reliability and credibility of the claimant’s testimony the medical evidence established that the claimant has a permanent partial disability and will suffer from shoulder pain in the future.…
With legal assistance after a car accident being critical to the successful outcome of most Insurance Corporation of B.C. claims the lawyers at Holness Law Group report automobile crashes to ICBC. As a lawyer in Vancouver I often help by first reporting a car accident to ICBC even if a client has already called dial-a-claim.…
Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury award should not be reduced for failing to take medical cannabis (Glesby v. MacMillian,2014 BCSC 334).…
After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”. Personal injury lawyers have long been trying to put some logic to this distinction and now the following Court of Appeal case introduces “realistic possibility” (Kim v. Morier, 2014…
The medical consensus was that the car accident victim had pre-existing degenerative changes of the lumbar spine which pre-dated the two motor vehicle accidents in question. The issue was to what extent the injury claimant may have suffered chronic low back pain despite the car accidents (Hoy v. Williams,2014 BCSC 234)The weight of medical opinion…
Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…
In this crosswalk personal injury occurring in Port Coquitlam (Paskall v. Scheithauer,2014 BCCA 26) the jury found a pedestrian twenty percent fault for her fractured her skull and traumatic brain injury after attempting to cross at a marked crosswalk. The verdict was upheld by the BC Court of Appeal despite the appellants plea that she was lawfully within a…
This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…