In this car accident injury claim(Rosvold v. Dunlop) the British Columbia Court of Appeal confirmed that an injury victim’s optimism and willingness to embark on a new and untried line of endeavour does not prevent an award for loss of earning capacity. This injury case was relied upon in one of my recent case posts regarding claimants…
Despite the ICBC statement the judge concluded that the claimant probably blacked out or was rendered unconscious for a fraction of a second or mere seconds before finding himself straddling his bike or beside his bike. The judge went on to find that, ” that it is more likely than not that the plaintiff did suffer an extremely mild traumatic brain injury…
ICBC was found by Judge Voith to require what seems to be a battery of three medical experts to put themselves on equal footing to respond to this injury claim. The judge did not consider whether there existed exceptional circumstances.
Sometimes an injury claimant may be required by law to attend these medical exams if they are an insured with ICBC and are making a claim. The examination are often called “independent’ but many car accident lawyers would disagree. In
Personal injury lawyers hired to represent car accident injury claimants in British Columbia will have the majority of their injury cases defended by ICBC. This is because all drivers in British Columbia are required to get third party liability coverage from ICBC. So in a typical car accident case in which your are rear-ended and not…
Surerus v. Leroux, ICBC Admission of Fault Case This personal injury claim arises as a result of a motor vehicle accident which occurred in Vernon, British Columbia. Three weeks after the claimant filed the lawsuit the ICBC adjuster for the injury claim instructed her lawyer to admit fault. The adjuster gave evidence that she gave those instructions without having turned her…
Cue v. Breitkreuz, 2010 BCSC 1323 In this “He said she said” personal injury case the motor vehicle accident injury claim was dismissed by the judge but the judge refused to award ICBC the costs of defending the claim. The injury claimant said the car accident occurred while he was stopped, waiting to make a left turn. The other…
Vershinin v. Hayward, 2010 BCSC 1315 The ICBC injury claimant in this personal injury case was injured in a motor vehicle accident that occurred when he was struck by a vehicle that ran a red light. The other driver, insured by ICBC , admitted fault for the car accident. At issue were the injuries suffered in the accident, the effect…
January 20, 2014- As a personal injury lawyer I have always accepted ICBC injury cases in which I get paid at the end of the case on a percentage. In fact, most injured claimants cannot afford to pay a lawyer up front and by the hour. I am a personal injury lawyer representing injury claimants for…
Houston v. Kine, 2010 BCSC 1289 This is an injury claim from a motor vehicle accident at Clarke Road and Glenayre Drive in Coquitlam, British Columbia. Fault was s admitted by ICBC on behalf of the defendants. The injury claimant was asking for compensation for pain, suffering and loss of enjoyment of life; loss of opportunity to earn…
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