Many ICBC injury claimants have been denied disability benefits on the grounds that their injuries are not totally disabling. Often an injury claimant is physically able to do a task or job but is advised by a medical doctor not to engage in the activity.
In this car accident injury claim(Rosvold v. Dunlop) the British Columbia Court of Appeal confirmed that an injury victim’s optimism and willingness to embark on a new and untried line of endeavour does not prevent an award for loss of earning capacity. This injury case was relied upon in one of my recent case posts regarding claimants…
Choosing your best personal injury lawyer however is much more than just getting some free legal advice. In this article I will focus on the lawyer’s experience and understanding of the type of injury suffered by the injury claimant as one factor in choosing a personal injury lawyer.
ICBC was found by Judge Voith to require what seems to be a battery of three medical experts to put themselves on equal footing to respond to this injury claim. The judge did not consider whether there existed exceptional circumstances.
Sometimes an injury claimant may be required by law to attend these medical exams if they are an insured with ICBC and are making a claim. The examination are often called “independent’ but many car accident lawyers would disagree. In
Moore v. Brown, motorcycle accident case In this personal injury case an experienced personal injury lawyer in Victoria, British Columbia won an appeal of his client’s loss of profits claim. The injury claimant, a geologist with a geological engineering company in Victoria, B.C., was riding his motorcycle when he collided with another vehicle . The claimant…
Gibson v. ICBC, 2010 BCSC 1097 August 16, 2010- This is a hit and run motorcycle accident case that seems to have gone sideways in part because an anonymous tip was given over the “ICBC tip line” after the Judge heard the case. While riding his motorcycle late at night the injury claimant was struck from behind. …
Power v. White, 2010 BCSC 1084 August 5, 2010- This injury claim arising out of a motor vehicle accident that occurred on the Island Highway on Vancouver island, when the vehicle being driven by the injury claimant was rear-ended by an ICBC insured driver. The car accident was created by a deer on the highway which…
Hunter v. Anderson, 2010 BCSC 1037 July 28, 2010- The claim in this injury case is for injuries said to have resulted from slipping and falling on the front stairs to a rental accommodation in Port Coquitlam. The claimant received a rent reduction in exchange for her agreement to shovel and clear the outside staircase where she…
Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010- the injury claimant was riding his motorcycle after spending time at a motorcycle show at the Tradex Centre near Abbotsford. It was early afternoon, and the weather was clear and dry. The claimant was travelling behind the car of the defendant, Benita Marshall. The claimant said that Ms. Marshall stopped her…