In many personal injury cases there are several claims being made and some of these claims may not be successful at trial. How do you know when you have achieved substantial success? This is important when deciding on entitlement to legal costs and disbursements. Your substantial success will help determine the amount of money you…
In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…
What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…
The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…
In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…
At first glance, the increase in ICBC accident benefits from $150,000 for each vehicle accident to $300,000 appears to be a positive change for innocent victims of auto accidents. In fact this change will only benefit those drivers that are at fault for causing the car accident injuries. How is this possible? Read on. Important to…
This ICBC claimant sought compensation for brain injury which he said was caused after he was thrown from his bicycle with no contact with the vehicle. There were several statements given to ICBC both in writing and by email which the court had to consider in determining fault. The issue regarding liability was whether the driver caused the…
In this personal injury case the claimant suffered injury in two motor vehicle accidents for which she was not at fault. The claimant was a 16 year-old high school student, enrolled in Grade 11 when the first car accident occurred. It requires the capital asset approach to assess the value of personal injury case when…
There are significant negative changes after April 1, 2019 that will limit and reduce victim compensation. In 2018 the NDP coalition government passed laws to secure the monopoly ICBC has over auto insurance and increased ICBC’s power to deny compensation to innocent victims. Speak to a lawyer about the facts of your case before you settle.…
This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC approaching a strip mall known as Market Crossing when a vehicle in the lane beside him changed…
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