In awarding this personal injury claimant double costs for beating the pre-trial offer of settlement, the Supreme Court has articulated 5 key principles to consider if you beat an offer to settle. The defendant insurer State Farm cancelled a mediation because their view was that mediation to settle the car accident claim had little chance of…
This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…
ICBC has tried to create the impression in recent years of an increase in fraud, this is confusing and untrue. In yet another case in point, the Court of Appeal has told ICBC they failed to prove this claimant lied or made a false statement.(Insurance Corporation of British Columbia v. Mehat, 2018 BCCA 242). The Insurance Corporation of British Columbia sued…
In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the senior’s housing facility, Parkdale,…
This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
Are you looking to continue a legal assistant career in an established Vancouver law office, across from the Vancouver law courts? Legal support staff competent to assist the injured in legal claims for compensation are not only worth their weight in gold, they have high job satisfaction. With medical understanding and legal training personal injury lawyers represent members…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…
This personal injury claimant proceeded to trial without a lawyer and his claim was dismissed. ICBC had offered $1.00 to the claimant to settle the case before trial and after the claim was dismissed ICBC sought double costs for the claimant’s failure to accept the offer. This ICBC personal injury case involved a collision on Westside Road…
For all you ICBC injury claimants, revealing and uncovering the truth about auto giant ICBC can be impossible when the “freedom of information” laws provide ICBC with legal shelter. ICBC is a modern example of a state-run auto insurance enterprise, part of the concept of a planned economy. Despite difficulty finding this information on the ICBC website…
The claimant boarded a city bus in Vancouver that accelerated suddenly causing her to lose her balance and fall. She sued, without a personal injury lawyer, and the trial judge dismissed her claim. The bus company cross examined the claimant using surveillance video in a subsequent bus incident to impeach her credibility claiming it was a…