This appeal concerned the amount awarded as a result of two motor vehicle accidents that occurred in quick succession(Morlan v. Barrett, 2012 BCCA 66) . The first accident was a head-on collision. After that collision, the claimant got out of her vehicle to speak with the other driver. A few minutes later, she returned to her vehicle…
The claimant was injured in a car accident and her claim at trial was dismissed. For reasons given orally, the judge found the claimant was totally at fault. the claimant appealed, contending the judge was wrong and the Court of Appeal agreed. The injury claimant won her personal injury appeal (Smeltzer v. Merrison,2012 BCCA 13). Essentially…
When a person suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…
In this ICBC Langley personal injury claim (Shinkaruk v. Crouch,2011 BCSC 1762) a pickup truck collided with the claimant’s car in the intersection of 96th Avenue and Telegraph Trail. The weather was clear, visibility was good and the streets were bare. The claimant’s evidence was that he pulled up to the sidewalk and looked to…
I have been a personal injury lawyer in Vancouver since 1995 and have witnessed the change in how the Insurance Corporation of British Columbia, ICBC, pays for physiotherapy. I have written and dealt extensively with ICBC accident benefits and explain how ICBC accident benefits work for people that are injured in car accidents in British…
The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…
This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…
December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…
The injury claimant sued for his losses after he was run down in a crosswalk and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit. The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…
This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing. There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…
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