Settlement Offers Allowed as Evidence at Civil Trial due to Egregious Threats

As a personal injury lawyer in Vancouver since 1995 I have made many without prejudice offers to settle car accident injury claims as well as other personal injury claims. Off the record settlement offers usually have a blanket protection which applies whether or not settlement negotiations succeed. Therefore, these offers cannot usually be used as…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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Free Legal Advice for your ICBC Personal Injury Claim In Social Media

When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…

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Boy Loses Personal Injury Claim For Second Time in Bicycle Accident Case

In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle.  The car accident occurred  near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall  intersects with Library Road in Delta, British Columbia.   The young…

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Personal Injury Lawyer Entitled to Interest on Loans and Expenses From Former Client

In this personal injury lawyer bill review case (2011 BCSC 1799) the lawyer filed an appointment for the review of the bills that he had rendered to his former client.  The client was a back seat passenger in a vehicle that was hit from the rear by another vehicle and hired the lawyer to pursue a claim for…

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ICBC Injury Settlements and the Top Ten Mistakes Made By Car Accident Claimants

I have been a personal injury lawyer in British Columbia since 1995 and am always asked to give legal advice about ICBC offers of settlement.  All too often injury claimants call me at best at the final hour or when it is too late to save a critical element of the car accident case. I certainly…

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Top Spinal Cord Personal Injury Lawyers Need to be Aware of Representation Agreements

When a person  suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…

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How Can I Force ICBC to Pay for my Physiotherapy after a Car Accident Injury?

I have been a personal injury lawyer in Vancouver since 1995 and have witnessed the change in how the Insurance Corporation of British Columbia, ICBC,  pays for physiotherapy. I have written and dealt extensively with ICBC accident benefits and explain how ICBC accident benefits work for people that are injured in car accidents in British…

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ICBC Accident Injury Claimant with Lawyer Wins Low Award for Disc Herniation and Soft Tissue Injury

The claimant was  injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…

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Retired Lawyer Represents Himself in Personal Injury Case and Receives Low Award

This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…

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