Offer To Settle Injury Claim Must Take Into Account Unpaid ICBC Accident Benefits

If the Insurance Corporation of British Columbia, ICBC, lawyer gives an injury claimant an offer to settle their injury case, ICBC is usually entitled to their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial.  Personal injury lawyers hired to help…

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How Much Compensation Should I Get as an Elderly Injury Claimant for My Pain and Suffering?

As a personal injury lawyer in Vancouver I have represented many clients ages 70 and over and I am familiar with some of the unique issues that arise after a car accident in assessing appropriate compensation for the elderly. In this post I’d like to look at a recent  falling injury case(Etson v. Loblaw Companies Limited (Real Canadian…

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Car Accident Claimant gets $156,000.00 for Whiplash Injury-Judge Explains Judicial Requirement for Written Decisions

In this Vancouver personal injury case(Jackson v. Mongrain)the claimant sought compensation for injuries arising out of a car accident which occurred on the Lougheed Highway in BC.  The car in which the injury claimant was a passenger was stopped in the left lane for eastbound traffic waiting for the car ahead of it to complete a turn.…

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Car Accident Award for Personal Injuries Accounts for the Claimant’s ability to become a Police Officer

This accident injury claimant was  a 27-year old recent graduate from Simon Fraser University when he was involved in the car accident(Lee v. Jarvie) which is the topic of my post. In the weeks prior to the accident the claimant was in the midst of applying to join the Royal Canadian Mounted Police (“RCMP”). He had…

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Vancouver Car Accident Claimant Migraines not Due to Accident

This Vancouver car accident injury claim(Helgason v. Bosa)  occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC.  The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings.  When the light turned green, she proceeded into the intersection.  The other driver…

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ICBC Injury Claimant Must get Award for Pain and Suffering if Treatment is Required

Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…

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Car Accident Settlement Puts $39,000 Expert Bill in Dispute- Court Applies Proportionality to Reduce to $20,000.00

In this car accident settlement case(Stapleton v. Charambidis) the injury claimant  was involved in two motor vehicle accidents.  Fault for the first accident was a big issue so the lawyers agreed to have a trial on the issue of fault.  The trial judge found the injury claimant 80% at fault and the other driver 20% at fault.  The judge also ordered that “Costs of this trial…

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Car Accident Claimant Suffered Psychiatric and Physical Injury Denied by ICBC

In this physical and Psychiatric injury case( Jokhadar v. Dehkhodaei) the claimant was driving east along Marine Drive through the Lions Gate Bridge interchange when she suddenly saw headlights coming toward her. She braked and shut her eyes on impact. She recalls little of the collision, but says that when she got out of the car and walked to…

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Car Accident Whiplash Injury Claimant Wins in Minimal Damage Claim

The injury claimant was a front seat passenger in her father’s Honda Civic in this whiplash injury claim(Chamberlin v. Profeit).  She was on Ospica Drive, in the City of Prince George, when her vehicle collided with another vehicle and that driver admitted being at fault. The judge found that the other driver caused the car accident when she…

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Personal Injury lawyer in Vernon BC Wins Double Costs

In this personal injury claim in Vernon British Columbia (Vedan v. Stevens)  the applicant brought into the negligence lawsuit says that the defendant conducted himself in a manner which was deserving of reproof or rebuke. They say that the defendant “egregiously commenced and continued prosecuting the third party claims to trial…without ever having any significant factual foundation…

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