Future Loss of Income Awarded Despite Prison and Criminal Conduct

This personal injury claimant was injured in two car accidents, the  first was a head on collision at  188 Street in Surrey,  and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…

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ICBC Punishes Purchase of Private Disability Benefits: Rethinking Insurance Coverage

Drivers in BC are required by law to purchase insurance coverage through ICBC, which includes accident injury benefits. Yet the insurance coverage often never gets paid out requiring purchased private insurance be used first. The premiums you pay for private coverage are a total loss and the result is a reduction in the value of…

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NDP New Law Assumes Injuries are all Minor for Auto Victims

On November 9, 2018 the NDP Coalition government released their ICBC Minor Injury Claim laws to take effect April 1, 2019. These laws pre-set compensation for pain and suffering to an injury cap maximum of $5,500 for all accident’s injuries after April 1, 2019 unless proof of serious impairment is presented. Given the complexity of the new…

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When to Get a Lawyer After a Car Accident

As a personal injury lawyer since 1995 my law firm and I have assisted thousands of claimants in search of a legal advocate after an injury. One of the most common questions: Do I need a lawyer?  Why?  Answer: To obtain better compensation without dealing directly with ICBC is often the reason a claimant hires a lawyer. To…

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$1.1 Million Awarded to Teenager with Somatic Symptom Disorder

In this personal injury case the claimant suffered injury in two motor vehicle accidents for which she was not at fault. The claimant was a 16 year-old high school student, enrolled in Grade 11 when the first car accident occurred.  It requires the capital asset approach to assess the value of personal injury case when…

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New Lawyer for the Injured

Profound legal changes in 2018, effective April, 2019, empower the auto insurance monopoly ICBC to cap claims for pain and suffering. Progressive injury lawyers need to understand ICBC injury caps and complex accident benefits regulations. Early and inexpensive legal advice can now be obtained in a variety of forms for a variety of personal injury claims.…

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Returning to School and Work after a Car Accident Injury

Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a…

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75% Reduction for Failure to Mitigate Injury Set Aside

Sometimes it is obvious in a car accident case when a jury does not like a litigant. Although after 22 days of trial, the jury found the City of Surrey negligent for failing to adequately maintain the snowy roadway, they found the claimant 75% contributorily negligent. The jury also reduced her award by a further 75% on a…

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ICBC Injury Settlements Changing Landscape

Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of  innocent victim compensation in British Columbia. Many…

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Loss of Future Earnings Awarded Despite Increase in Salary

When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…

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