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…
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…
Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…
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…
This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…
In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…
ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…
Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases. The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…
ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…
Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…