Age can make a difference to injury claims made with the Insurance Corporation of British Columbia, ICBC, following a car accident. Personal injury lawyers are well aware of the principle that you “take a victim as you find them”in the Canadian courts. An ICBC lawyer can’t blame a brain injured claimant for having an unusually…
A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal injury lawyers assisting the injured will applaud the clarity and brevity of this decision. This…
As a personal injury lawyer in Vancouver I have the good fortune of having a Brain Surgeon as a father. In this exclusive video, Dr. R.O. Holness, Neurosurgeon since 1975, touches on the symptoms of brain injury after car accidents. Family members are often the first to contact my personal injury law firm for help after…
In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating: “[46] The foregoing discussion leads me to the…
In this stunning decision the Supreme Court of Canada has overturned the decision of the Nova Scotia Court of Appeal and restored the verdict of the Jury dismissing the infant’s personal injury claim (Annapolis County District School Board v. Marshall,2012 SCC 27). The injury claimant, a four-year-old, was playing with his brothers in front of the family home…
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…
The injury claimant was seriously injured in a motor vehicle accident when a tractor-trailer struck and crushed her Volvo inside the Massey Tunnel near Delta, B.C. She suffered extensive injuries including a severe brain injury(O’Connell v. Yung,2012 BCCA 57). The trial judge awarded more than $2.9 million in this personal injury case and ICBC, as the insurer…
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…
When a person suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…
The claimant was five years of age and was a back seat passenger in a car being driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit by another car going southbound . This case involved issues…