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…
In this ICBC denied hit and run accident claim(Burton v. Insurance Corporation of British Columbia, 2011 BCSC 653) the injury claimant sued the Insurance Corporation of British Columbia (“ICBC”), under section 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, as it then was, as a nominal defendant, arising out of a hit and run…
This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC. The Judge awarded the claimant $20,000 for pain and suffering and $629.96…
The injury claimant in this multiple rear-end car crash case(Keenan v. Fletcher, 2011 BCSC 520) was a 46-year-old police officer with the New Westminster Police Service. Amazingly the claimant was involved in four motor vehicle accidents in the same year, all of which ICBC admitted liability. She claims she suffered soft tissue injuries to her neck, right shoulder and lower back,…
In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…
In this no impact car accident injury case(Pang v. Dhalla, 2011 BCSC 564) the claimant alleged personal injuries suffered in a motor vehicle accident as he was proceeding towards Richmond, B.C., southbound on Fir Street near 12th Avenue. As he approached the intersection a vehicle that had been stopped behind left turning vehicles in the left lane, turned…
In this ICBC brain injury lawsuit (Jampolsky v. Shattler,2011 BCSC 494) the claimant was involved in four car accidents all of which the Insurance Corporation of British Columbia, ICBC, was the insurer of the other drivers. The claimant was a 28 year old Surrey resident at trial and at the time of the first accident the claimant was only 18 years old.…
As a personal injury lawyer in British Columbia since 1995 I am often asked to prosecute injury claims resulting indirectly from an event. For example, a car swerves to avoid a truck going through a red light and the car goes off the road, hits into a fence, which releases a dog and the dog…
This personal injury claim filed in Vancouver BC (Manson v. Kalar, 2011 BCSC 373) arose from a motor vehicle accident which occurred when the claimant’s vehicle was rear-ended by a vehicle. The other driver admitted fault and the trial was limited to an assessment of how much money, if any, should the claimant get for his car accident injury. …
The Court of Appeal overturned a decision by a trial judge to reduce a claimants award by 10% for refusing to undergo cortisone injections. There appears to be no new law created in this Insurance Corporation of British Columbia personal injury case (Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144) but rather a reiteration…
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