Future Loss of Income Claim Reduced by Court of Appeal

  Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for  accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…

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Future ICBC Injury Benefit Deductions Clarified on Appeal

  In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…

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ICBC Claim Dismissed for Failure to Appear

This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case  arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…

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$125,000,000 Claim Against ICBC Dismissed

A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The  ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…

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Jury Award of $600 for Pain and Suffering Increased by Court of Appeal

This personal injury appellant sustained injuries in a car accident when his Land Rover was hit from the rear by a Honda Civic. After a nine-day trial, a jury awarded him $19,000 in damages, including only $600 for his pain and suffering. The injury claimant appealed the jury’s verdict and wanted a new trial on…

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Cyclist Wins New Trial: Witness Statement and Evidence Overlooked

This was a personal injury trial involving claims of  brain injury, whiplash and spinal fracture. The bicycle accident occurred on Broadway Street  in Vancouver, approaching the intersection of Broadway and Guelph Street. The cyclist was proceeded forward when a vehicle turned left hitting his bicycle.( Davis v. Jeyaratnam, 2022 BCCA 273)  The Witness Statement The…

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ICBC Wins Appeal of $2.4 Million Income Loss Award

The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…

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Medical Malpractice Claim Dismissed Against Delivery Nurse and Hospital

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…

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$5.85 Million Settlement Test Future Loss Rates

Loss of future income and cost of future care are often awarded in one lump sum in personal injury cases. A $5.85 million medical malpractice settlement  has tested the court rationale behind the discount rate on future losses. The Court of Appeal has reduced the award of $997,060 for investment management fees to $50,000.00. Defendant’s…

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