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…
As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps. This injury claim arises…
In this ICBC Settlement case(Johnson v. Wells) the ICBC adjuster claims the two car accidents were settled for $7,5000 whilst the personal injury lawyer for the claimant says he only represented the claimant for the first car accident, so only the first accident was settled. the injury claimant swore that he never hired his injury…
In this hit and run motorcycle accident case (Nicholls v. Emil Anderson Maintenance Co. Ltd.) the Insurance Corporation of British Columbia ( ICBC) lawyers were seeking a court order dismissing an unidentified driver claim brought against it, on the basis that the injury claimant failed to take reasonable steps to ascertain the identity of the driver responsible for the…
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…
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…
Personal injury lawyers in British Columbia work for many injury claimants that have been denied disability benefits by the Insurance Corporation of British Columbia, ICBC, or other insurance companies on the grounds that their injuries are not totally disabling. Often the injury claimant is physically able to do a task but is advised not to engage in the activity. This…
In this personal injury brain injury (Jones v. Donaghey)case the infant claimant was an aboriginal child living with his parents on a reserve. The Director of Child Welfare took him into care, and eventually placed him in a foster home. The personal injury lawyer representing the brain injury infant claimed that he was intentionally assaulted by the foster…
Personal injury lawyers in British Columbia best pay attention as you are now required by the rules of court to attend a Trial Management Conference( TMC) in Supreme Court if you plan to go to court. This amazingly also applies to litigants with no legal representation. Judges have to attend the TMC and can make sweeping…
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…