Maximum Amounts For ICBC Injury Claims

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…

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Credibility and not New Brain Science to Blame for Loss

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…

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$130,000 Pain and Suffering for PTSD

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…

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What does it Take to Completely Lose your Personal Injury Case

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…

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Injury Claimant’s Failure to use Hazard Light Results in 60% Fault

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…

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Important Tips when Reporting a Car Accident in BC: Online and On Time

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…

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$35,000 for Pain and Suffering Despite Prior Pain Condition

This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…

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Offer to Settle from ICBC Must meet Rule Requirements

The injury claimant was found to be totally at fault for a car accident at the intersection of King George Boulevard  and 68th Avenue, in Surrey, B.C. His personal injury claim was therefore dismissed and today I review the decision of the Judge regarding the case costs awarded to the successful defendant (Henry v. Bennett, 2014 BCSC…

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Interest on Personal Injury Claim Loans Must be Foreseeable

This current law review relates to a motor vehicle accident injury case in which the claimant sought to recover the interest she was required to pay on advance settlement loans after being injured (Davidge v. Fairholm,2014 BCSC 1948). These loans were advanced to her by her lawyers to help her pay for out of pocket expenses not…

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Drunk Gyrating Passenger Hits Steering Wheel Causing Crash

Driver and passenger were both drunk returning from an alcohol fueled weekend in the Okanagan. Four friends from the Lower Mainland were all drinking in the car when the injury claimant, the front seat passenger, began gyrating wildly to loud music which resulted in her hitting the steering wheel. The speeding vehicle swerved into a ditch…

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