Pregnant ICBC Personal Injury Claimant Entitled to Award for Pain and Suffering

A pregnant car accident claimant can  experience severe upset regarding the potential effects of the accident on her unborn child and the effects of her physical injuries on her ability to carry her child to term. The ICBC injury claimant’s treatment can also be complicated by her pregnancy and the subsequent birth. ICBC and other insurance…

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At Fault Driver 100% responsible for aggravations of Claimant’s Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke  , still good…

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Motorcyclist Found 60% at Fault for injuring a Jaywalking Pedestrain

Walter v. Plummer,2010 BCSC 1017 July 21, 2010- This motor vehicle accident case arising out of an accident between a motorcyclist and a pedestrian. The accident occurred shortly after 3 p.m. when the claimant, who was jaywalking across Rutland Road, was struck by a motorcyclist. It was sunny and the roads were dry. Mr. Walter…

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Injured Motorcyclist has His Claim Dismissed for Travelling too Close

Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010-  the injury claimant was riding his motorcycle  after spending time at a motorcycle show at the Tradex Centre near Abbotsford.  It was early afternoon, and the weather was clear and dry.  The claimant was travelling behind the car of the defendant, Benita Marshall.  The claimant said that Ms. Marshall stopped her…

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ICBC Injury Claimant not required to Sign Medical Authorizations Says Judge

Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The  injury claimant was in a car accident that occurred  when she was two years old.  Her claim is  that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…

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Failure to Visit Doctor Not Used Against Personal Injury Claimant

July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury.  This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…

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No Chronic Injury in Vancouver Car Accident Yet Judge Awards Money For Loss of Earning Capacity

Co v. Watson, 2010 BCSC 950 July 26, 2011- At the intersection of Hemlock and Broadway in Vancouver, Ms. Co who was a passenger  was injured when another vehicle driven by Mr. Watson went through a red light and struck the passenger side of her vehicle.  The injury claimant suffered soft tissue whiplash type injuries to her neck, shoulders…

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No Reduction in Brain Injury Award Despite Previous Serious Car Accident Causing Brain Injury

Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…

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Injury Claim is Dismissed but Appeal Court Disagrees and Gives Claimant Another Day in Court

Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…

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