Car Accident Injury May Cause Flare ups of Pain But No Loss of Earning Capacity

The injury claimant was an accounting student at the time of this head-on car accident(Pisani v. Pearce,2012 BCSC 1118). One of the key issues related to the extent her symptoms may impact her plan to become a chartered accountant. The claimant was driving downtown Vancouver and was returning home to their mother’s home in Coquitlam. The…

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Personal Injury Claimant Wins Award for Loss of Farm Earning Capacity

In this loss of farm earning capacity car accident case(Verge v. Chan,2012 BCSC 876) the claimant’s vehicle was hit head-on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna. The injury claimant suffered soft tissue injuries to her neck and back, a fractured right talus, bruising to and pain in her chest, and…

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ICBC Defends Car Injury Case and Massage Therapist Still Wins $300,000 Award

The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind  in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another vehicle.   ICBC participated directly in the personal injury lawsuit as a Third Party and the…

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Car Accident Injury Claimant Wins Case Despite ICBC Statements

This personal injury case involved four car accidents for which liability was admitted(Demidas v. Poinen, 2012 BCSC 416). The Insurance Corporation of British Columbia (ICBC), on behalf of the defendants, said that the injury claimant was an unreliable witness and deliberately exaggerated his claims.  In each of his ICBC statements following the four accidents, he listed numerous complaints…

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Offer to Settle Car Accident Injury Claim Rejected and Winning Claimant Gets Legal Fees Paid

In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an  offer does not weigh against the awarding of double costs.  In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…

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Loss of Earning Capacity Award Upheld in Winning Car Accident Injury Case

This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…

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Surrey Car Accident Injury Claimant Awarded Loss of Earning Capacity despite Inconsistencies

This car accident personal injury claim occurred at  92nd Avenue in Surrey,(Narain v. Gill,2012 BCSC 848) British Columbia when the claimant was hit head on by a minvan. The Insurance Corporation of British Columbia (“ICBC”) did not admit fault, but liability was not contested, and the judge found that the other driver was negligent and caused the accident.…

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Car Accident Injury Claimant Awarded Child Care Costs -Upheld by BC Court of Appeal

This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of  a $740,000 award  for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents.   The appellants admitted fault  for the two car accidents accidents and the trial judge concluded…

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Low Velocity Impact Car Accident Denied by ICBC but Court Disagrees and Makes Award

In this low velocity impact (LVI) Vancouver car accident claim( Guzman Gonzalez v. Dueck, 2012 BCSC 792) the driver that rear ended the injury claimant refused to pay the claim alleging that the claimant was not injured or, in the alternative, any injuries sustained in the car crash did not cause pain and suffering beyond about six months after the…

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$2 Million Car Accident Brain Injury Claim for Future Care Costs Dismissed

In this New Westminster car accident claim the BC Supreme Court concluded that the injury claimant did not suffer a brain injury(Minhas v. Sartor, 2012 BCSC 779). The court said that the claimants testimony must be regarded with scepticism and given little or no weight. The claimant demonstrated at this trial that he was both an unreliable and a…

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