$140,000 Award for Pain and Suffering with no Income Loss

Money compensation from ICBC and other insurance companies for pain and suffering should be dictated by the amount claimants are able to obtain under the law. In this car accident case the personal injury claimant was driving along Jacklin Road near Sooke Road in Victoria, B.C. when another car struck her right rear section while exiting a…

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Personal Injury Award Reduced as no Realistic Possibility of Loss

After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”.  Personal injury lawyers have long been trying to put some logic to this distinction and now the following  Court of Appeal case introduces “realistic possibility” (Kim v. Morier, 2014…

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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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Psychologist in Brain Injury Claim Ordered to Disclose Neuropsychological Assessment Records

Lawyers for ICBC Gain access to Raw Test Data Despite the Directives of the College of Psychologists of BC After suffering a brain injury in a motor vehicle accident, will the Court Order the psychologist to copy records to ICBC? As a Personal Injury Lawyer in British Columbia since 1995 I have had to hire registered psychologist…

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Vancouver Personal Injury Lawyer Specializing in Car Accidents- Location

I have worked as a personal injury lawyer in Vancouver since 1995 with my top-rated interest being ICBC car accident injury claimants. The City of Vancouver is home to the highest percentage of lawyers in British Columbia and is a hub of legal activity in the Province. When looking to find the right lawyer for a car accident personal injury…

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Money Compensation for Stress After a Car Accident- Psychiatric Injury

A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming…

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ICBC Injury Lawyer- the Best Advocate for your Case

Injury in a car accident in British Columbia usually results in a personal injury case with the Insurance Corporation of British Columbia, ICBC. ICBC INJURY LAWYERS is a term often used and I define this to mean personal injury lawyers in British Columbia that represent injury claimants against an ICBC insured driver for injury loss…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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Car Accident Claimant not Required to Attend Second Medical Exam for Psychiatric Injury

This is a car accident psychiatric condition personal injury case(De Sousa v. Bradaric and Borthwick, 2011 BCSC 1134) and the court application was about the psychiatric injuries being claimed. The defence requested of the court that the personal injury claimant be required to attend for a second psychiatric defence medcial examination.  In rejecting the request the judge pointed out,  “[15]  In…

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