Failure of Expert to Testify Weakens Personal Injury Claim

Successful ICBC personal injury claims require expert medical opinions, especially  in the Supreme Court of British Columbia.  As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s  case (Espinoza…

Read more

$150,000 Awarded for Somatic Symptom Disorder DSM-5

Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…

Read more

The $25,000 ICBC Personal Injury Settlement Offer

May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…

Read more

Personal Injuries Overstated in Notice of Civil Claim

Personal injury lawyers in Vancouver and the rest of BC need to consider taking a new approach to making allegations of injury. Overstating injuries in a personal injury lawsuit, as found in this case (Rasmussen v. Blower,2014 BCSC 1697) can lead to a poor outcome. The claimant in this personal injury case was a passenger…

Read more

Functional Capacity Evaluation Cost not Part of Personal Injury Settlement

This modest out of court motor vehicle accident settlement with ICBC concerned, in part, the costs of a Functional Capacity Evaluation (“FCE”) set up by the claimant’s personal injury lawyer.  The claimant suffered soft tissue injuries to his neck and upper back after the accident and had ongoing left shoulder pain. If the matter did not settle…

Read more

$100,000 Award for Facial Scarring and Whiplash

This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…

Read more

Teenage Personal Injury Claimant Awarded $45,000 for Pain and Suffering

ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…

Read more

Personal Injury Lawyer Confronts Witness But Judge Denies Loss of Business Claim

In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…

Read more

$75,000 Award for Pain and Suffering Reduced for Ignoring Medical Advice

How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced  by the court for not following medical treatment. In this case, after suffering a car accident injury  in which medication was initially taken with success and then abandoned for no good reason,…

Read more

$75,000.00 Award for Pain and Suffering after Car Accident Injury

The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and  suffered  injuries to her neck, right shoulder, and upper back area and the Court  assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less…

Read more