Early Retirement Because of Injuries Suffered in a Motor Vehicle Accident

Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…

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ICBC Claim for a Motor Vehicle Accident in the USA

  If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is an exception, however, to this general rule. You may pursue…

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What Happens if a Judge Awards you Less than ICBC’s Settlement Offer?

In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…

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Injuries Suffered in an Assault – Compensation for Aggravated and Punitive Damages

It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to also pursue compensation for your injuries and losses against the assailant. The…

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What you need to do if you are injured in a slip and fall on Private Property (Occupier’s Liability)

If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…

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$110,000 Pain and Suffering Award for Thoracic Outlet Syndrome and Chronic Pain

In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…

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Injured Claimant Suffering from Imbalance, Tinnitus and Other Injuries Awarded $170,000.00 for Pain and Suffering

As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…

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Future Loss of Earning Capacity Awarded Despite Injured Claimant Continuing to Work

If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…

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ICBC Settlements for 2020

The massive ICBC withdrawal of offers to settle one year ago has sparked financial blunder and moral outrage for innocent injury victims. Supreme Court Judge’s are having to punish ICBC for failing to accept reasonable settlement offers. In 2019 guilty drivers insured by ICBC lost a possible record number of court cases, with claimants winning…

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Loss of Future Earning Capacity Awarded Despite Increased Income Post Motor Vehicle Accident

In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…

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