Generous ICBC Offer to Settle Refused and Injury Claimant Must Pay Expenses

This is an ICBC car crash injury costs case which happened at the intersection of 64th Avenue and 152nd Street in Surrey, BC(Gatzke v. Sidhu, 2011 BCSC 1214). It was dark and raining.  The injury claimant was westbound on 64th Avenue and  her evidence was that she was planning to drive further along 64th and eventually to turn right and…

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ICBC has to Pay more than $100,000 to Injury Claimant as a result of 4 Car Accidents

Since the decision of the BC Court of Appeal in Bradley v. Groves, 2010 BCCA 361, leave to appeal to S.C.C. refused, 2011 CarswellBC 890, it has been much easier for the court to make decisions involving multiple car accidents.  In this personal injury case the injury claimant suffered injuries in four car accidents and claims against…

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Truck Accident Injury Claimant awarded over $1 Million for Traumatic Brain Injury

In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…

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Slip and Fall Personal Injury Upheld Due to Poor Maintenance Program

In this slip on ice personal injury case appeal (Foley v. Imperial Oil Limited,2011 BCCA 262) the injury claimant was injured at a car wash at an Esso service station in North Vancouver, British Columbia. the injury claimant  slipped on a small patch of ice near the car wash and fell backwards hitting his head and suffering a serious…

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Medical Malpractice Case Settles for $200,000 and Claimant Entitled to Costs of Expert Reports

In this Vancouver medical malpractice lawsuit (Fairchild v. Vancouver Coastal Health Authority, 2011 BCSC 616 ) the injury claimant settled the day before a 10 day trial for some $200,000 plus costs and disbursements. The claimant fell while skiing at Whistler, British Columbia, fractured her leg and was taken to a clinic in Whistler. She was discharged from…

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Victoria Personal Injury Claimant Ordered to Attend Medical Examinations in Vancouver

In this truck accident injury claim (Parsons v. Mears, 2011 BCSC 397)  the claimant, a Victoria resident,  was operating a truck  when it became stuck in mud. A good samaritan, Mr. Mears,  attempted to pull the truck out of the mud using a cable and tractor. The tractor flipped and trapped Mr. Mears. The claimant alleges that he  suffered various…

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Car Accident Injury Claimant not at Fault for Refusing to Undergo Cortisone Injections

The Court of Appeal overturned a decision by a trial judge to reduce a claimants award by 10% for refusing to undergo cortisone injections. There appears to be no new law created in this Insurance Corporation of British Columbia personal injury case (Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144) but rather a reiteration…

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Top Personal Injury Lawyers in British Columbia will now Want to Include More Legal Analysis in Court Applications

Typically, as in this Victoria personal injury case(Zecher v. Josh, 2011 BCSC 311), ICBC and other insurance companies will demand that injury claimants disclose medical records, employment records, and school records dating  back before the car accident.  The best personal injury lawyers in Victoria, Vancouver and all other parts of British Columbia need to be aware that …

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Personal Injury Award for Knee Injury Upheld by the Court of Appeal

In this knee injury appeal(Bradshaw v. Matwick,2011 BCCA 111) the claimant was injured when his vehicle was rear-ended and the other driver admitted fault for the accident. The at fault driver accepted that the claimant suffered soft tissue injuries to his neck and back in the accident but  argued  that an injury to the claimant’s knee was unconnected to the…

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Car Accident Injury Claimant Awarded over $1.8 Million for Loss of Corporate Profits With No Lost Salary

In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that  a claimant’s  ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss.  The claimant alleged that his injuries affected his ability to work and as a…

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