Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases. The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…
In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests. Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…
The injury claimant was a passenger involved in a car which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…
ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…
Personal Injury Lawyer Jacqueline Small has forced ICBC to pay disability benefits denied for almost 6 years in a car accident injury case. This decision is a stinging indictment of ICBC’s systematic use of hired guns to deny legitimate disability benefits. The Supreme Court Judge called the opinion of ICBC’s doctor Sovio deficient. Dr. Sovio did not provide a clear…
Compensation for psychological and psychiatric injury is recoverable in British Columbia for victims of personal injury. The Supreme Court has dealt with psychological and psychiatric factors that overwhelm the physical injuries in numerous personal injury cases. In Agar v. Leonard,2016 BCSC 1430 the court has awarded over $900,000 to the claimant, $110,000 for psychological pain and suffering. The…
Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…
No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. Howver, Accidents after April 1, 2019 may be subject to the 2019 ICBC Minor Injury Cap. ICBC is now allowed to call serious injuries minor to limit compensation.…
Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324). The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…
Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…