Age can make a difference to injury claims made with the Insurance Corporation of British Columbia, ICBC, following a car accident. Personal injury lawyers are well aware of the principle that you “take a victim as you find them”in the Canadian courts. An ICBC lawyer can’t blame a brain injured claimant for having an unusually…
For over 20 years the Insurance Corporation of BC, ICBC, has denied injury claims when there is minimal damage to the vehicles. When I started as a personal injury lawyer in Vancouver in the mid 1990’s this program was referred to as ICBC’s Minimal no Damage or No bash no Cash policy. The modern Low Velocity…
In this ICBC sues Langley lawsuit (Simon v. McKinlay, 2013 BCSC 674) the injury claimant was a passenger injured in a single vehicle car accident on River Road in Langley. The car drove into in a ditch resulting in serious injuries including a brain injury. The driver was charged criminally with impaired driving causing bodily harm. However, the absence of road…
As a personal injury lawyer in BC since 1995 I’m often asked how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments…
As of April 1, 2013 HST no longer applies to legal fees and legal services in BC. In personal injury cases no income tax is payable on lawyer negotiated settlements for pain and suffering compensation with the Insurance Corporation of British Columbia, ICBC, and other insurance companies. The Provincial change back to the PST and GST…
This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…
In Canada most believe that innocent victims injured in car accidents should obtain some amount of compensation, however minimal, for pain and suffering and other losses without an attack on the victims credibility- In British Columbia this money usually comes from the Insurance Corporation of British Columbia, ICBC, on behalf of the at fault driver- However in two personal injury appeal…
Yes, notifying ICBC is a requirement if you are in a car accident anywhere in Canada and the United States, including Alaska and Hawaii, and intend to claim accident injury benefits. The Insurance Corporation of British Columbia, ICBC, provides medical and disability benefits to insured following motor vehicle accident related injuries. Find out more and…
As a personal injury lawyer in Vancouver I have the good fortune of having a Brain Surgeon as a father. In this exclusive video, Dr. R.O. Holness, Neurosurgeon since 1975, touches on the symptoms of brain injury after car accidents. Family members are often the first to contact my personal injury law firm for help after…
As a personal injury lawyer I have the good fortune of having a Neurosurgeon as a father. Head of Neurosurgery for over a dozen years Dr. R.O. Holness explains in this exclusive video the complications from spinal cord injury due to motor vehicle accidents. People with significant spinal cord injuries definitely have a shortened life span. It may not…