ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

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Hit and Run Driver Escapes and Injury Claim Dismissed Against ICBC

In an unfortunate turn of events this innocent injury claimant was denied compensation against ICBC in a hit and run car accident in Abbotsford, British Columbia(Morris v. Doe, 2011 BCSC 253). The claimant was injured in a motor vehicle accident at the intersection of South Fraser Way and Ware Rd. in Abbotsford when her husband was driving…

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A Claim for Psychological Injury after Witnessing a Car Accident Dismissed By Court

This  psychological injury car accident lawsuit ( Deros v. McCauley,2011 BCSC 195) was brought by a witness to a car accident.  The accident occurred on Highway 97, north of Bear Lake, B.C.  the claimant was part of a crew installing rumble strips on the highway. The injury claimant said that, as a result of witnessing the accident in which a vehicle struck…

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Help Mom, Dad, and your Friends Find a Personal Injury lawyer for Their Car Accident Injury

A car accident injury claim with ICBC can become complex and potentially risky.  Here is a checklist of important car accident claim hints for people trying to help injured friends or family after a car accident in BC. 1.   If there is a question of fault ensure that there is an investigation into the circumstances…

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Personal Injury Lawyers in Vancouver Help Car Accident injury Claimants Ethically

I learned years ago as a young lawyer that the best interest of clients is the heart of any personal injury law practice. In this post I want to present a short ethical checklist to help you find the right legal advocate for your injury case.  There are ethical obligations placed on lawyers in British Columbia when it comes to…

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Injury Claimant Forced to Sign Consent Authorization Forms for People Outside British Columbia

In this consent authorization case (Nikolic v. Olson,2011 BCSC 125) the Supreme Court of BC essentially has forced an injury claimant to sign “consent” forms for release of private information from people outside the lawsuit and outside British Columbia.  This presents important implications for personal injury lawyers representing injury claimants and the out-of-Province entities that…

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Car Accident Claimant Not Required to Submit to ICBC Medical Examinations- Fresh Opinion Evidence Masquerading as Response

In this Victoria personal injury case( Hamilton v. Demandre,2010 BCSC 1914) the injury claimant was involved in 2 car accidents 8 years apart. Lawyers for ICBC as insurer for the defence sought a court order that the claimant attend and submit to 2  medical examinations. The injury claimant resisted the court application on the basis that the medical examinations were neither…

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Top Car Accident Lawyers are Independent of Government and Legal Fees are Regulated

As a lawyer I represent personal injury claimants in British Columbia and have come to appreciate how important it is to advocate for injury claimants  independent of government and ICBC, which was created by government in 1972.  Imagine a world where a government run insurance company could control what your lawyer was allowed to do and say. Perhaps even…

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Car Accident Lawyers on a frolic of their own ordered to pay ICBC Special Costs

In this car accident case(Chen v. Beltran, 2011 BCSC 41) the court  dismissed  the litigation guardian’s claim on behalf of her injured son arising from an accident in which the boy sustained serious injury. The accident occurred  when the child, riding a skateboard, entered the intersection of 10th Street and Royal Avenue in New Westminster and was…

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Personal Injury lawyer Proves Accident Caused the Injured Pedestrian to Abuse Alcohol

In this pedestrain injury case( Zawadzki v. Calimos, 2011 BCSC 45) the claimant was hit by a U-Haul truck while  he was walking north on 20th Street in New Westminster, British Columbia . the driver denied being at fault throughout the trial. At the beginning of closing submissions, liability was admitted but the driver tried to argue that the…

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