This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…
In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck,…
Immediately following this car accident the injury claimant began to experience a cough that would not go away(Reilander v. Campbell,2011 BCSC 1848). She did not associate it with the car accident and thought it was asthma, although use of her Ventolin was not working.She visited her family doctors many times, complaining of pain in her…
In this unique factual scenario, the BC Supreme Court found that the car accident, which occurred on King George Highway in Surrey, was caused by a car rear ending the injury claimant. However the injury claimant that was rear ended still faced some responsibility(Stanikzai v. Bola, 2012 BCSC 846) because he failed to see the other driver’s turn…
This car accident personal injury claim occurred at 92nd Avenue in Surrey,(Narain v. Gill,2012 BCSC 848) British Columbia when the claimant was hit head on by a minvan. The Insurance Corporation of British Columbia (“ICBC”) did not admit fault, but liability was not contested, and the judge found that the other driver was negligent and caused the accident.…
This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of a $740,000 award for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents. The appellants admitted fault for the two car accidents accidents and the trial judge concluded…
In this low velocity impact (LVI) Vancouver car accident claim( Guzman Gonzalez v. Dueck, 2012 BCSC 792) the driver that rear ended the injury claimant refused to pay the claim alleging that the claimant was not injured or, in the alternative, any injuries sustained in the car crash did not cause pain and suffering beyond about six months after the…
In this New Westminster car accident claim the BC Supreme Court concluded that the injury claimant did not suffer a brain injury(Minhas v. Sartor, 2012 BCSC 779). The court said that the claimants testimony must be regarded with scepticism and given little or no weight. The claimant demonstrated at this trial that he was both an unreliable and a…
As a personal injury lawyer in British Columbia I am often asked, “How much is my ICBC car accident injury worth?” by clients and potential clients. Many car accident injury claims involve damages to the muscles and ligaments (soft tissue) in the neck which is commonly referred to as Whiplash. For the purpose of injury…
When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant lawyer’s best options are usually assisted by the use of the…
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