Settling your car accident injury case may not be the easiest thing in the world if you do not have a lawyer and you are up against ICBC or another auto insurance company. I’ve been a personal injury lawyer in Vancouver, British Columbia since 1995 and have settled hundreds of cases of behalf of many…
This claimant did not have a lawyer and his lawsuits against ICBC were dismissed by the court. This decision was clearly to help prevent misuse of the litigation process (Keremelevski v. Insurance Corporation of British Columbia,2011 BCCA 369). What was clear to the Court of Appeal was that the proceedings had no sensible basis in law or fact…
I have been a personal injury lawyer in British Columbia since 1995 and represent people that have been injured in car crashes, bike accidents and many other types of situations such as pedestrian and truck accidents. It is not uncommon for me to get a call from an ICBC injury claimant that is not happy…
When a personal injury claimant suffers a brain injury as a result of a car accident there are many steps that can be attempted in the road to recovery. In Vancouver, BC we have recognized healthcare centres for spinal cord and brain injury. Before making a settlement with the Insurance Corporation of British Columbia, ICBC,…
Given the similar roadways in the Lower Mainland personal injury lawyers helping injury claimants usually deal with very similar types of car accident injuries. As you get into more pedestrian congested areas bike lane and pedestrian injuries become more common and even the best personal injury lawyer will need to do the proper legal research to…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
In this ICBC adjuster personal injury case( Luis v. Haw,2011 BCSC 815) the Insurance Corporation of British Columbia made a most bizarre request that the ICBC bodily injury adjuster attend at a mandatory trial management conference in place of the ICBC lawyer by phone. This application was firmly dismissed by the Supreme Court requiring comment of the…
In this two car accident low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…
In British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a contribution toward legal fee unless the claimant…
Personal injury lawyers need to understand that provincial governments owe injury claimants no duty of care. In this Supreme Court of Canada case the residents of long-term care facilities sued as a class, alleging that the government artificially elevated the required resident contributions to subsidize medical expenses that were properly the responsibility of government.(Alberta v. Elder Advocates…