Personal Injury Award Reduced due to Failure to Attend Treatment

In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was  driving home from a Vancouver Canucks hockey game.  Another vehicle failed to stop and  struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…

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First Personal Injury Case of the Year Conflates Causation with Damages?

In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…

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Personal Injury Lawyer Confronts Witness But Judge Denies Loss of Business Claim

In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…

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A Personal Injury Lawyer’s Insight into Diffuse Axonal Brain Injury

Experienced personal injury lawyers should know that Diffuse Axonal Brain Injury (DAI) refers to damage at an almost microscopic level to the connections of the brain. “Diffuse” means generalized in the brain. “Axonal” refers to the connections. After a car crash or other accident one may suffer a concussion, however, DAI is beyond a simply…

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The Top 10 Personal Injury Lawyers’ Caselaw Companion

Mr. Renn Holness has been a trusted personal injury lawyer in Vancouver since 1995 and the following is his own list of the top cases for personal injury lawyers. THE BIG LIST For all you legal beagles out there, lawyers, law students, even law professors that enjoy reading personal injury law and related topics I’ve…

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ICBC Injury Settlement- Explaining Costs and Disbursements

In this bus accident injury settlement, (Zhang v. Heikkila,2013 BCSC 2275) following the examinations for discovery and after three medical reports had been obtained the matter settled for $11,000.00 plus costs and disbursements. ICBC refused however to pay the cost of three medical legal reports but in this application was forced by the court to…

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Personal Injury Award Increased to $390,000 for Loss of Future Earnings

This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following  Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…

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Get a Personal Injury Lawyer for Your ICBC Injury Claim

Need for a Personal Injury Lawyer- Luxury or Necessity? Why hire a personal injury lawyer when ICBC has agreed to pay accident benefits? My answer to this  question may surprise even my legal colleagues out there. I have been a personal injury lawyer in Vancouver since 1995 and when is comes to ICBC claims I have noticed…

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ICBC Denied Second Medical Examination- New Holistic View

In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first  ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…

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