The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…
In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…
The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server at a bowling alley.The claimant said that the effects of her injuries forced her to…
In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome. The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded that there was a “but for” causative link between either of the subject accidents and…
Losing the use of your dream car after a car accident can result in a claim for pain, suffering and loss of enjoyment of life. Also, there could be an ICBC claim for accelerated depreciation of your vehicle, over and above the personal injury claim. As we explain, these claims can be made as part of a personal…
After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities. The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in comparable cases. However other personal injury cases, though helpful, serve only as a rough guide. In…
Ungrateful children can sometimes cross the line with parents but in this case posting untrue accusations of pedophilia cost this child $135,000 (Z. v. Z., 2016 BCSC 1730). False allegations regarding sexual misconduct with a minor are among the most serious and egregious allegations that one person can make against another, said the Supreme Court. The…
Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373). Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…
This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…
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