Fast Track Personal Injury Claimant Awarded over $100,000

In this Fast Track car accident injury case (Bissonnette v. Horn, 2012 BCSC 518) the injury claimant was a passenger in a vehicle driving southbound on 203rd Street, near Michaud Crescent, in Langley, B.C.  Another vehicle, also traveling southbound on 203rd Street, cut off the claimant  vehicle causing it to lose control, which then came in contact with a utility…

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Vancouver Car Accident injury Award Despite Intervening Snow Shoveling Injury

In this Vancouver filed car accident injury claim(Sandhar v. Rolston,2012 BCSC 495) the Supreme Court of BC says that at fault driver’s are still responsible for injuries that continue after an intervening injury for which the claimant is at fault.The claimant’s car was struck from behind by another motor vehicle  and her car was pushed into another…

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Personal injury Claimant has Welfare Payments Deducted from Car Accident Award

This car accident injury claimant was awarded over $1.6 million for personal injury after deduction of welfare payments(Campbell v. Swetland, 2012 BCSC 423). This  personal injury claim arose from a motorcycle and automobile collision that occurred when the claimant was riding her red 2010 Triumph motorcycle northbound on Highway 6 when the south bound defendant, driving a white 1998 Subaru…

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Car Accident Injury Claimant on Maternity Leave at Trial Awarded over $120,000.00

The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…

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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 Fibromyalgia Award of $125,000.00 for Pain and Suffering upheld on Appeal

This appeal concerned the amount  awarded as a result of two motor vehicle accidents that occurred in quick succession(Morlan v. Barrett, 2012 BCCA 66) . The first accident was a head-on collision. After that collision, the claimant got  out of her vehicle to speak with the other driver.  A few minutes later, she returned to her vehicle…

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Car Accident Injury Claimant’s Psoriasis and Psoriatic Arthritis Aggravated by the trauma and stress

The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured  in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors.  As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…

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Personal Injury Award Reduced Due to Prior Back Pain and Fault for Car Accident

In this ICBC Langley personal injury claim (Shinkaruk v. Crouch,2011 BCSC 1762) a pickup truck collided with the claimant’s car in the intersection of 96th Avenue and Telegraph Trail.  The weather was clear, visibility was good and the streets were bare. The claimant’s evidence was that he pulled up to the sidewalk and looked to…

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Retired Lawyer Represents Himself in Personal Injury Case and Receives Low Award

This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…

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Injury Claimant Awarded Legal Fee Contribution as Judge Acknowledges Court Backlog

This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing.  There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…

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