In one of the best examples of remote nervous shock is the case of a Vancouver mother injured in a car accident near Golden, British Columbia while on her way to Banff on a holiday trip with her family and friends. She was in the right rear seat, and her daughter, aged nine, was in the centre of…
The initial step is for the applicant to satisfy the court that the application is not in the nature of a fishing expedition, and that document in question contains information which may relate to a matter in issue. As explained in the oft‑cited Compagnie Financiere et Commerciale du Pacifique v. Peruvian Guano Co. (1882), 11 Q.B.D. 55 (C.A.), a document relating to a matter in issue is one which directly or indirectly may enable the party to advance his own case or destroy that of his adversary or which may fairly lead him to a train of inquiry or disclose evidence which may have either of these consequences
Many ICBC injury claimants have been denied disability benefits on the grounds that their injuries are not totally disabling. Often an injury claimant is physically able to do a task or job but is advised by a medical doctor not to engage in the activity.
Choosing your best personal injury lawyer however is much more than just getting some free legal advice. In this article I will focus on the lawyer’s experience and understanding of the type of injury suffered by the injury claimant as one factor in choosing a personal injury lawyer.
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
Moore v. Brown, motorcycle accident case In this personal injury case an experienced personal injury lawyer in Victoria, British Columbia won an appeal of his client’s loss of profits claim. The injury claimant, a geologist with a geological engineering company in Victoria, B.C., was riding his motorcycle when he collided with another vehicle . The claimant…
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…
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…
In this ICBC personal injury lawsuit the injury victim claims due to a motor vehicle accident when his vehicle was rear ended (Neumann v. Eskoy, 2010 BCSC 1275). Fault for the accident was admitted by ICBC on behalf of the other driver. I was unable to determine the force of the impact as the decision of the judge did not address this…