No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…
The law creating the Insurance Corporation of British Columbia, ICBC, essentially prohibits an owner, driver or passenger from entering into a contract to exclude liability while in use and operation of a motor vehicle. The majority of our Court of Appeal have determined that such a waiver or release is contrary to the nature of…
This personal injury case involved in a motor vehicle collision that occurred on Highway 97 North near Summit Lake, BC. when the claimant hit into a parked vehicle that had lost control earlier(Hart v. Jacobsen, 2014 BCSC 704 ). Despite the ice and snow the claimant told the ICBC adjuster he was driving at 80 to…
After suffering injury in three car accidents the claimant was awarded over $450,000 for pain suffering, past loss of earning capacity, impairment of future earning capacity, cost of future care, costs associated with vocational assessment, rehabilitation treatments, special damages and loss of housekeeping services (Parhar v. Dawe,2014 BCSC 580). Liability was not an issue but…
It is not uncommon for the Insurance Corporation of British Columbia, ICBC, to initially accept fault for an accident and then later change their mind. ICBC personal injury lawyers assisting victims will welcome this case (Pavan v. Guolo,2014 BCSC 648) as it makes it clear that ICBC must produce all documents gathered in the investigation…
Money compensation from ICBC and other insurance companies for pain and suffering should be dictated by the amount claimants are able to obtain under the law. In this car accident case the personal injury claimant was driving along Jacklin Road near Sooke Road in Victoria, B.C. when another car struck her right rear section while exiting a…
The personal injury award following a 25 day trial in this ICBC gets double costs case(Minhas v. Sartor,2014 BCSC 47) was $76,653.00, much less than the $3 million sought by the claimant and the $275,000 offered by ICBC before trial. The judge, in one of the first times in BC legal history, has awarded ICBC…
In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…
This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…
For the injured driver, pedestrian, cyclist or passenger looking to hire a lawyer, remember case deadlines in the ICBC claim process are not suspended during the period that you do not have a lawyer. Dealing with an insurance company like ICBC is part of my job as a personal injury lawyer so let’s just say…
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