The Most Important Personal Injury Cases of 2016

How many of these cases have you read? Personal Injury law evolves through changes in the common law application of accepted legal principles as well as legislative change and interpretation. This article focuses on changes in the common law and legislative interpretation in BC, not new legislation, of which there was very little in 2016…

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ICBC Dial a Claim Phone Number Used to Record Statements

After a car accident a phone call to the ICBC dial a claim number at 604-520-8222 or 1-800-910-4222 will result in an internal ICBC report being created called a CL-75. As displayed in the following case, these reports to ICBC can be used to impeach claimants and witnesses about the details of the accident. Watch our…

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Egg Throwing and Alcohol not to Blame for Car Accident Injuries

    The ICBC personal injury appellant was sitting in the back of a vehicle when it overturned at high speed along with other teenage passengers. The teenagers were drinking alcohol in the back of the car and planning to throw eggs at pedestrians .  After the car crash the appellant made no complaints of headaches, neck…

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$75,000 Pain and Suffering Award for Aggravation of Prior Condition

In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome.  The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded that there was a “but for” causative link between either of the subject accidents and…

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Claim for Loss of Use and Depreciation After a Car Accident

Losing the use of your dream car after a car accident can result in a claim for pain, suffering and loss of enjoyment of life. Also, there could be an ICBC claim for accelerated depreciation of your vehicle, over and above the personal injury claim. As we explain, these claims can be made as part of a personal…

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$70,000 for Pain and Suffering with Persistent Low Back Ache

After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities.  The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in comparable cases. However other personal injury cases, though helpful, serve only as a rough guide. In…

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Injury Claim Reduced by 10% for Failure to Seek Alternative Employment

After a car accident injury a claimant has a duty to mitigate, or minimize his or her losses. However this case takes mitigation to new levels, expecting a career carpenter to seek alternative employment or face a reduction in his injury claim (Klein v. Sangha,2016 BCSC 1864. The claimant was 39 years of age at trial and…

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Define ICBC in British Columbia

ICBC stands for the Insurance Corporation of British Columbia. The Provincially created auto insurance company responsible for providing mandatory third party liability coverage. ICBC is the largest crown corporation measured by revenue. The ICBC Board consists of at least three directors appointed by the Lieutenant Governor in Council. The Lieutenant Governor in Council must also designate a…

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Injury Claim Made with ICBC in Three Steps

ICBC personal injury claims can become complicated to even the most experienced lawyers. After 21 years making ICBC injury claims as an injury lawyer I would like to share a few important tips to make your claim process easier. If you want to be covered for your injury claim here are three steps you absolutely need…

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ICBC Loses over a Glare of the Eye

Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373).  Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…

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