In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist. Master Baker pointed out, [18] To…
In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle. The car accident occurred near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall intersects with Library Road in Delta, British Columbia. The young…
This was an application for production of ICBC documents in a car accident injury case(Bako v. Gray,2012 BCSC 204). The injury claimant applied for production of various documents which had been listed by the defendant in Part 4 of his List of Documents subject to a claim of litigation privilege. The injury claimant alleged that the ICBC…
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…
“We pride ourselves on our results and our proven track record of success for over 20 years in representing thousands of injury victims throughout all of British Columbia and providing them with complete medical legal care.”