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,…
An application to adduce fresh evidence in an appeal of a successful personal injury jury award was thwarted by a deficient affidavit from a legal support staff. This million dollar personal injury award case arising out of a car accident injury (Albert v. Politano, 2013 BCCA 194) deserves more than one article as personal injury lawyers…
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…
The BC Court of Appeal found that inadequate signage negligently caused injury in this uneven pavement car accident (Van Tent v. Abbotsford (City),2013 BCCA 236). This case re visits the distinction between duty and standard of care, affirming the three step process for proof of Civil Negligence. The Anns neighbourhood rule is applied and the court makes it clear that…
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…
For over 20 years the Insurance Corporation of BC, ICBC, has denied injury claims when there is minimal damage to the vehicles. When I started as a personal injury lawyer in Vancouver in the mid 1990’s this program was referred to as ICBC’s Minimal no Damage or No bash no Cash policy. The modern Low Velocity…
In this ICBC sues Langley lawsuit (Simon v. McKinlay, 2013 BCSC 674) the injury claimant was a passenger injured in a single vehicle car accident on River Road in Langley. The car drove into in a ditch resulting in serious injuries including a brain injury. The driver was charged criminally with impaired driving causing bodily harm. However, the absence of road…
As a personal injury lawyer in BC since 1995 I’m often asked how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments…
As of April 1, 2013 HST no longer applies to legal fees and legal services in BC. In personal injury cases no income tax is payable on lawyer negotiated settlements for pain and suffering compensation with the Insurance Corporation of British Columbia, ICBC, and other insurance companies. The Provincial change back to the PST and GST…
This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…
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