Personal Injury Claimant Without Lawyer Loses Car Accident Appeal

There may be many reasons why you need to get a personal injury lawyer after a car accident and the lack of legal understanding is the number one destroyer of good cases. In this personal injury case the claimant did not have a lawyer and her case was a failure(Kapelus v. Hu, 2013 BCCA 86)  due to…

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False ICBC Statements by Claimant with no Lawyer Forces $200,000 Repayment Order

In this lying to ICBC about a car crash case (ICBC v. P.,2013 BCSC 238)a couple that made false statements to ICBC about a car accident was ordered to pay over $200,000 to ICBC as repayment of benefits paid.  None of the litigants had hired a lawyer before making these statements to ICBC and they had involved friends…

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Legal Fee Compensation for Car Accident Claims to be Considered

Compensation for legal fees in car accident personal injury cases is slated to be further explained, clarified, and examined by the court (Lee v. Jarvie, 2013 BCCA 17). The BC Court of Appeal granted leave to appeal  in this car accident award for personal injuries after the claimant was only awarded 50% of his legal costs and the defendants were awarded 50% of…

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How Much Whiplash Compensation from ICBC when Headrest Not Adjusted

Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s  topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…

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Personal Injury Award of $4,000- Caught on Video Jogging Within a Month of Accident

In this caught on video personal injury case(2013 BCSC 172), the claimant was a pedestrian at the intersection where Keith Road intersects with Taylor Way in West Vancouver.  The driver was just in the process of releasing his clutch at about the time his car hit the claimant on his left knee, leg and his left…

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$35,000.00 Award a Win in Low Velocity ICBC Whiplash Claim

In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144).  Damage to the vehicles was minor.  Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries .  ICBC urged the court to conclude that the claimant could not have been…

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$35,000 Award as Personal Injury Claim Evidence not Reliable after Car Accident

Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00.   The injury…

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Hit and Run Claim Succeeds against ICBC Despite Accident Occurring in a Field

In this ICBC pedestrian hit and run accident case(Nadeau v. Okanagan Urban Youth & Cultural Assn.,2013 BCSC 55) the personal injury claimant was dragged under a vehicle at the Bluffs outdoor music venue located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna. The…

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Average Contingency Legal Fee for Personal Injury Lawyers

Hiring a personal injury lawyer in British Columbia should not have to be a guessing game, especially when it comes to legal fees. That is why the Law Society strictly controls how much a lawyer gets for his or her percentage legal fees.  The median or average percentage is set organically by the marketplace and is often…

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Registered Owner of Vehicle Responsible for Injury Despite Licence Plates

Appellant wins as Court of Appeal overturned a trial judges decision defining the meaning of “owner” in the Yukon.( Aucoin v. Shepherd, 2013 YKCA 1) . The second owner purchased a motor vehicle from the first owner, who was the original  registered owner of the vehicle.  the first owner signed and gave the second owner the required transfer papers and the only set…

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