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…
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…
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…
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…
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…
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…
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…
Although NOT required to be signed to get Accident Benefits after a car accident the Insurance Corporation of British Columbia, ICBC, will often ask the injury claimant to sign a medical consent form releasing medical information to ICBC. The standard ICBC authorization to provide medical information authorizes every medical practitioner to release to ICBC any and all records,…
As a personal injury lawyer in Vancouver since 1995 I have negotiated with the Insurance Corporation of British Columbia, ICBC, for injury claimants on practically every type of car accident injury. One thing is common, genuine settlement negotiations are always “without prejudice”. What does without prejudice mean? This is the topic of today’s article. Also watch my…
A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming…
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