When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages). Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law. When researching prior trial awards, it is important to find cases which involve similar facts. When…
Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it is proven that an injured claimant failed to mitigate their injuries…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
If you are injured in a motor vehicle accident, you must provide proof of the injuries you allege to have suffered through medical legal reports prepared by expert medical doctors. Both the injured claimant and ICBC have the opportunity to choose their own experts. Medical experts can either be treating doctors or independent doctors. Treating…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
This ICBC injury claimant was rear-ended in 4 motor vehicle accidents within a 2 year period. The first whiplash injury occurred at the intersection of Lougheed Highway and 207th Street in Maple Ridge. She gave evidence that funding requests had been sent to ICBC for treatment but no funding was approved. The second accident occurred…
This personal injury claimant was injured in two car accidents, the first was a head on collision at 188 Street in Surrey, and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…
In this case study, the small business owners suffered neck injuries and soft tissue injury in a car accident that occurred at the intersection of 57th Avenue and Angus Drive in Vancouver. The claimants’ vehicle was knocked to the curb being hit on the left front corner. The vehicle’s two front seat airbags deployed and ICBC deemed the vehicle…
This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was struck from behind by a minivan. The defendants admitted liability. As a result of the…
In this personal injury case the claimant was injured when a car made a left-hand turn into his path while driving northbound on Nelson Avenue in Burnaby. The claimant suffered tinnitus predominantly in his right ear, dizziness, balance issues, jaw pain, and soft tissue injuries to his chest, neck, shoulders, back, and right shin. The soft tissues…