ICBC Gets Personal Injury Award Reduced as Claimant not trying Hard Enough

In this personal injury case (Cripps v. Overend) the claimant suffered  personal injuries in a motor vehicle accident on 168th Street in Surrey, British Columbia but failed to take adequate steps to rehabilitate after his injury. The accident was a  T-bone  impact from another driver that came through a stop sign at a high speed. The impact caused the…

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ICBC Not Required to Pay Car Accident Benefits for Amercian Insured-Power of Attorney and Undertaking

This case,Moldovan v. ICBC, started as an injury claim for ICBC Part 7 accident benefits(or “no fault benefits”) arising out of a motor vehicle accident which occurred in Coquitlam, British Columbia. I have been a personal injury lawyer in Vancouver representing injury claimants against ICBC since 1995 and can say this case is yet another example of the…

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ICBC Pays for all lawyers appeal to Top Court in Personal Injury Case

In this puzzling  ICBC  top appeal on an award for income loss (Laxdal v. Robbins, BCCA) the injury claimant was involved in a four car motor vehicle accident on Bowen Road near the intersection of Pryde Avenue in Nanaimo, B.C.  Fault for the accident was admitted but at issue was whether the claimant suffered any injuries in the accident and, if so,…

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Vancouver Car Accident Claimant Migraines not Due to Accident

This Vancouver car accident injury claim(Helgason v. Bosa)  occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC.  The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings.  When the light turned green, she proceeded into the intersection.  The other driver…

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ICBC Injury Claimant Must get Award for Pain and Suffering if Treatment is Required

Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…

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Top Accident Claim Lawyers Must Respond to Admission Requests in a Timely Manner

The best accident lawyers in British Columbia need to be aware of the top civil rules of court. This court  application was brought by the injury claimant, after firing his lawyer,  for an order allowing him to withdraw admissions of fact(Piso v. Thompson) which occurred due to his prior lawyer’s failure to respond to a Notice to Admit delivered by…

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ICBC Doctor Cannot Force Injury Claimant to Waive Right to Sue

As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps.  This injury claim arises…

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Accident Claimant Suffers Whiplash But Not Fibromyalgia as Her Doctor Found to be a Biased Advocate

This personal injury case(Warkentin v. Riggs)  involved a claim for losses due to injuries that the claimant sustained in a motor vehicle accident . The injury claimant  was driving west on Old Clayburn Road near the intersection of Old Clayburn Road and Immel Street in Abbotsford.  A  pickup truck struck the claimant’s vehicle on the passenger side and the force of the…

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The Best Vancouver Personal Injury Lawyers Need to Review the Snow Removal Laws

Keep in mind that it is not the law that steps must be taken to avoid all accidents. The top legal standard imposed is one of reasonable conduct. No one, including a homeowner, is required to act so to rule out any and all possibility of an accident , including a slip and fall on a sidewalk.

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ICBC Injury Settlement Not Upheld by Court and Judge Orders Adjuster to be Cross-examined

In this ICBC Settlement case(Johnson v. Wells) the ICBC adjuster claims the two car accidents were settled for $7,5000 whilst the personal injury lawyer for the claimant says he only represented the claimant for the first car accident, so only the first accident was settled.  the injury claimant swore that he never hired his injury…

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