In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…
Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…
In a surprising personal injury claim decision the British Columbia Court of Appeal has remitting the matter of cost of future care to the judge for a fresh determination. ICBC successfully challenged the awards for massage therapy and physiotherapy; Botox injections to the right shoulder; prescription for Nortriptyline; chiropractic treatment; and seasonal cleaning and gardening assistance (Johal…
First Steps After an Auto Accident If you are at the accident scene: Move away from traffic; Make sure the police and paramedics have been called; Take photographs and video at the scene before the vehicles are moved; Obtain witness names and contact information- don’t talk to witnesses about how the accident occurred; Record details…
Part of my job as a personal injury lawyer often is to help claimants understand how much money they are entitled to receive from ICBC after a car accident injury. The Insurance Corporation of British Columbia is a Province wide government created insurance company responsible for compensated victims of personal injury on behalf of their…
After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…
In this post-traumatic stress disorder (PTSD) personal injury case the Claimant was driving along Como Lake Road in Coquitlam when a van hit into the side of his vehicle. The other driver admitted liability, but disputed that the car accident induced PTSD in the claimant (Kim v. Khaw,2014 BCSC 2221). In many ICBC injury claims the insurance…
The personal injury case I review involved a low velocity motor vehicle accident on the Fraser Highway in which the Judge concluded that no injury had been established (2014 BCSC 2135) . The Claimant had a history of addiction, abused both street and prescription narcotics, endured a catastrophic industrial accident and significant injuries prior to the…
This was an appeal from a personal injury case apportioning 60% of the liability for a motor vehicle accident to the injury claimant. The car accident occurred on the Ironworkers Memorial Bridge on the Trans-Canada Highway between Vancouver and North Vancouver (Langille v. Marchant, 2014 BCCA 430). The claimant rear-ended a vehicle after passing the crest on…
In British Columbia reporting a motor vehicle accident is different than anywhere else in Canada. The Insurance Corporation of BC, ICBC, is the only insurance company in the Province that is permitted, upon notice, to provide accident benefits to people injured in motor vehicle accidents. As a personal injury lawyer in Vancouver since 1995 my…