Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury. There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…
This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC approaching a strip mall known as Market Crossing when a vehicle in the lane beside him changed…
A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach. In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. Loss of the ability to do work within the home is compensable as a loss of…
This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…
In this continuing personal injury saga the claimant’s left foot and ankle were struck by a rolling mounted truck tire from an unidentified vehicle, while he was riding a motorcycle on Highway 1 near Chilliwack, British Columbia(Walker v. Doe, 2014 BCSC 746). The Insurance Corporation of British Columbia, ICBC, was a nominal defendant in this lawsuit,…
The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 BCSC 259). The accident occurred when the claimant was stopped at a red light at…
After the settlement of a car accident injury claim the costs of medical examinations and reports, if the settlement terms allow, can be put in dispute. In this reasonable expenses part of settlement case (White v. Reich, 2013 BCSC 1234) a motor vehicle injury case settled very shortly before trial. In dispute was the cost…