One type of claim available to a claimant injured in a motor vehicle accident is for past wage loss. Past wage loss refers to lost wages/earnings from the date of the motor vehicle accident until settlement or trial. To have a successful claim for past wage loss, an injured claimant must provide sufficient evidence. First,…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
If you are injured in a motor vehicle accident, you must provide proof of the injuries you allege to have suffered through medical legal reports prepared by expert medical doctors. Both the injured claimant and ICBC have the opportunity to choose their own experts. Medical experts can either be treating doctors or independent doctors. Treating…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
As discussed in previous blog posts, medical malpractice claims are difficult to prove due to the complexity and the legal and evidentiary standards of proof required. To be successful in a medical malpractice claim, you must: prove that there was an error in judgment or practice on behalf of the medical practitioner or medical institution…
David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…
In Henderson v. McGregor 2019 BCSC 1964, the claimant sought damages for injuries resulting from an unprovoked assault and battery following a road rage incident. The road rage incident occurred on June 2, 2017 on Highway 99 near the entrance to the George Massey Tunnel. Before the incident, the plaintiff was driving from Delta to…
Dogs are popular pets who can bring a lot of joy and enjoyment. While many dogs appear to be friendly and playful, each dog has its own temperament and personality. It often takes a split second for a friendly interaction to go terribly wrong resulting in a dog bite or a dog attack leading to…
PART 7 BENEFITS – INCREASED FUNDING As of April 1, 2019, significant changes have been made to the funding provided by ICBC for therapy under Part 7 benefits. These changes apply to all new and existing motor vehicle accident claims. PRESCRIBED TREATMENT PROVIDERS AND RATES ICBC under the Part 7 Benefits will provide funding for…
If you, a friend or a family member have been injured due to an error made by a medical professional or medical institution, you may be entitled to compensation for your injuries and losses. Medical malpractice claims are difficult and often complex due to the legal and evidentiary standards of proof required. To be successful…