When a personal injury claimant suffers a brain injury as a result of a car accident there are many steps that can be attempted in the road to recovery. In Vancouver, BC we have recognized healthcare centres for spinal cord and brain injury. Before making a settlement with the Insurance Corporation of British Columbia, ICBC,…
Since the decision of the BC Court of Appeal in Bradley v. Groves, 2010 BCCA 361, leave to appeal to S.C.C. refused, 2011 CarswellBC 890, it has been much easier for the court to make decisions involving multiple car accidents. In this personal injury case the injury claimant suffered injuries in four car accidents and claims against…
This is a car accident psychiatric condition personal injury case(De Sousa v. Bradaric and Borthwick, 2011 BCSC 1134) and the court application was about the psychiatric injuries being claimed. The defence requested of the court that the personal injury claimant be required to attend for a second psychiatric defence medcial examination. In rejecting the request the judge pointed out, “[15] In…
I have been a personal injury lawyer in Vancouver serving injury claimants all throughout British Columbia since 1995 and have been asked this question about settling ICBC claims many times. I am going to discuss some practical considerations when considering settlement of your ICBC(Insurance Corporation of BC) injury claim. 1. Does ICBC have the medical information and opinion in order…
In a stunning concession by our Supreme Court, the law apparently favours the Insurance Corporation of British Columbia (ICBC) having no legal obligation to inform hit and run injury victims of their legal rights(Morris v. Doe, 2011 BCSC 1053). The injury claimant was injured in a car accident at the intersection of South Fraser Way and Ware…
In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…
The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
A City of Vancouver report released July 20, 2011 found that the total number of collisions reported to ICBC on Dunsmuir Street is down since the introduction of the bike lanes. According to the report, “The Five years 2005-2009 saw between 144 and 193 collisions per year and an average of 164 per year. During the…
In a dramatic personal injury decision (Lutley v. Southern,2011 BCCA 299)the BC Court of Appeal overturned a judge’s finding that the injury claimant was only 40% at fault and found her 85% at fault. Take a read of my review of the trial judge’s decision in this flashing green light car accident case. The Court of Appeal found that the trial…
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