Personal Injury Lawyer Convinces Court two Injuries are Indivisible and Should be Awarded Jointly and Severally

The injury claimant in this personal injury case  had the misfortune of being involved in two motor vehicle accidents (Chalmers v. Russell).  In the first accident the claimant was driving on Dollarton Highway.  She had stopped at a red traffic light and then once the light turned green, was accelerating forward and passed under an overpass that was leading…

Read more

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…

Read more

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…

Read more

Top Court Shocks Personal Injury Lawyers in Best Evidence Car Accident Case- The New Reliable Hearsay Test

The best personal injury lawyers know that admissible evidence in a civil trial is the first step, and cornerstone,  in proving any personal injury claim.  The British Columbia personal injury lawyers and Court of  Appeal in this injury case (Mazur v. Lucas) focused on the important question of whether a medical expert can rely on hearsay evidence, unproven…

Read more

Car Accident Lawyer Wins North Vancouver Injury Claim Despite Minor Nature of the Accident

In this relatively minor personal injury case (Hunter v. Yuan) the claimant, represented by a car accident lawyer, was injured in an accident  at the intersection of Berwicke Street and 3rd in North Vancouver, British Columbia.  The injury claimant was waiting in line to turn left at the intersection and the light changed from green to…

Read more

Car Accident Injury Claimant Forced to Disclose Medical and Business Records

The initial step is for the applicant to satisfy the court that the application is not in the nature of a fishing expedition, and that document in question contains information which may relate to a matter in issue. As explained in the oft‑cited Compagnie Financiere et Commerciale du Pacifique v. Peruvian Guano Co. (1882), 11 Q.B.D. 55 (C.A.), a document relating to a matter in issue is one which directly or indirectly may enable the party to advance his own case or destroy that of his adversary or which may fairly lead him to a train of inquiry or disclose evidence which may have either of these consequences

Read more

Total Disability Benefits for ICBC Car Accident Injury Claims

Many ICBC injury claimants have been denied disability benefits on the grounds that their injuries are not totally disabling. Often an injury claimant is physically able to do a task or job but is advised by a medical doctor not to engage in the activity.

Read more

How to choose a Personal Injury Lawyer in British Columbia- Type of Injury

Choosing your best personal injury lawyer however is much more than just getting some free legal advice. In this article I will focus on the lawyer’s experience and understanding of the type of injury suffered by the injury claimant as one factor in choosing a personal injury lawyer.

Read more

Lawyers Working for ICBC Allowed Multiple Medical Exams of Injury Claimants

ICBC was found by Judge Voith to require what seems to be a battery of three medical experts to put themselves on equal footing to respond to this injury claim. The judge did not consider whether there existed exceptional circumstances.

Read more

ICBC Doctor Opinion Not Accepted After he Destroys his Notes

Houston v. Kine, 2010 BCSC 1289 This is an injury claim from  a motor vehicle accident  at Clarke Road and Glenayre Drive in Coquitlam, British Columbia. Fault was s admitted by ICBC on behalf of the defendants. The injury claimant was asking for compensation for pain, suffering and loss of enjoyment of life; loss of opportunity to earn…

Read more