Smoking Pot for Pain After Car Accident Required Treatment?

Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury award should not be reduced for failing to take medical cannabis (Glesby v. MacMillian,2014 BCSC 334).…

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Personal Injury Award Reduced due to Failure to Attend Treatment

In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was  driving home from a Vancouver Canucks hockey game.  Another vehicle failed to stop and  struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…

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First Personal Injury Case of the Year Conflates Causation with Damages?

In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…

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ICBC Denied Second Medical Examination- New Holistic View

In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first  ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…

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Settlement of Personal Injury Claim- “Urgency” for MRI Costs New Test?

This was an assessment of the costs  following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an  MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident  sustained soft tissue injuries.  Despite two treating doctors recommending an MRI,…

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$75,000 Award for Pain and Suffering Reduced for Ignoring Medical Advice

How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced  by the court for not following medical treatment. In this case, after suffering a car accident injury  in which medication was initially taken with success and then abandoned for no good reason,…

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$75,000.00 Award for Pain and Suffering after Car Accident Injury

The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and  suffered  injuries to her neck, right shoulder, and upper back area and the Court  assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less…

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How Much Whiplash Compensation from ICBC when Headrest Not Adjusted

Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s  topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…

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Personal Injury Award of $4,000- Caught on Video Jogging Within a Month of Accident

In this caught on video personal injury case(2013 BCSC 172), the claimant was a pedestrian at the intersection where Keith Road intersects with Taylor Way in West Vancouver.  The driver was just in the process of releasing his clutch at about the time his car hit the claimant on his left knee, leg and his left…

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$35,000.00 Award a Win in Low Velocity ICBC Whiplash Claim

In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144).  Damage to the vehicles was minor.  Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries .  ICBC urged the court to conclude that the claimant could not have been…

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