In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating: “[46] The foregoing discussion leads me to the…
Making a personal injury claim after a car accident in British Columbia can be, at best, confusing because there is usually more than one claim to be made with the Insurance Corporation of British Columbia, ICBC, and others. In addition to personal injury claims, you also have other potential claims such as collision coverage claims, private…
In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck,…
The Court found that this self-represented claimant was not injured in the car accident(Pearlman v. Critchley,2012 BCSC 921) and his lawsuit pleadings were oppressive and designed to cause anxiety, trouble and expense to the other side. The action was also found to have been brought for an improper purpose, particularly the “harassment and oppression of…
I have been a personal injury lawyer in Vancouver serving all of British Columbia, including Langley, Surrey, and the Tri-city areas, since 1995 and have assisted numerous ICBC injury claimants obtain fair settlements. One of the first questions people ask me at a free legal consultation is how much I charge for legal fees. Legal…
As a personal injury lawyer in British Columbia I am often asked, “How much is my ICBC car accident injury worth?” by clients and potential clients. Many car accident injury claims involve damages to the muscles and ligaments (soft tissue) in the neck which is commonly referred to as Whiplash. For the purpose of injury…
When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant lawyer’s best options are usually assisted by the use of the…
I have been a personal injury lawyer representing injury claimants against ICBC since 1995 in BC and have helped countless claimants settle their injury claims from my law office in Vancouver. Finding a lawyer can be a daunting task and most people that call my office are concerned about the cost of a lawyer. Here…
As a personal injury lawyer in Vancouver since 1995 I have made many without prejudice offers to settle car accident injury claims as well as other personal injury claims. Off the record settlement offers usually have a blanket protection which applies whether or not settlement negotiations succeed. Therefore, these offers cannot usually be used as…
When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…