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…
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.…
Personal injury lawyers in British Columbia are always being asked to help get the Insurance Corporation of British Columbia, ICBC, to pay for medical expenses that are not covered by the Medical Services Plan. In this private medical cost car accident injury claim(Engqvist v. Doyle, 2011 BCSC 1585) Judge Rogers in Kelowna found that the injury…
The claimant was injured in a car crash in Roberts Creek on the Sunshine Coast near Gibsons, British Columbia (Milliken v. Rowe, 2011 BCSC 1458). While the injury claimant was turning left at an intersection the other driver attempted to pass on the left striking the driver’s side of the claimant’s car. The personal injury claimant was 37 when she was…
The Statutory powers of the Insurance Corporation of British Columbia, ICBC, are concurrent with an obligation that it pay innocent injury claimants if they are injured by uninjured drivers or driver’s that breach their insurance, such as drinking and driving in a car crash. In this uninsured ICBC personal injury case (Shapiro v. Dailey, 2011 BCCA…
In this car and bicycle injury ICBC case (Kooner v. Singh, 2011 BCSC 1384) the Insurance Corporation of British Columbia wanted the injury claimant to have their personal injury case heard in Small Claims Court. The lawsuit involved a personal injury that occurred at or near the intersection of 96th Avenue and 128th Street in Surrey,…
The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
In this two car accident low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…
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…