ICBC Claim Dismissed for Failure to Appear

This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case  arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…

Hosting Thanksgiving Dinner Inconsistent with Functional Capacity Evaluation

In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…

ICBC Not Entitled to More than One Examination for Discovery

When injured in a car accident the lawsuit requires that claimants attend an examination for discovery. The examination for discovery is a process in which the injured person is asked questions under oath. The transcript of questions and answers can be used at trial to cross examine the claimant. Often the insurance company lawyer will…

Jury Award of $600 for Pain and Suffering Increased by Court of Appeal

This personal injury appellant sustained injuries in a car accident when his Land Rover was hit from the rear by a Honda Civic. After a nine-day trial, a jury awarded him $19,000 in damages, including only $600 for his pain and suffering. The injury claimant appealed the jury’s verdict and wanted a new trial on…

Inequality Between ICBC and Injury Victim Recognized in Costs

Facts of this Personal Injury Case This personal injury trial involved four car accidents. The trial lasted 17 days. The state run auto monopoly ICBC admitted liability in three of the four accidents, disputing liability in one. The Supreme Court awarded $66,000 for pain and suffering, $40,685.92 for vehicle damage and treatment expenses, and $92,607…

ICBC Power to Deny Injury Costs Overturned

Injury Claimants Now  Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…

Auto Injury Victims Sue for Discrimination in ICBC No Fault Benefits Scheme

How Much money will ICBC injury claimants get for injuries? The new ICBC laws eliminate the ability of car accident victims to bring claims to compensate for injuries. For accident after May 1, 2021 money is no longer awarded for pain and suffering as a result of negligent driving. ICBC injury benefits are now capped…

Why You Should ALWAYS Do a Thorough Direct and Cross Examination of ICBC Medical Experts

In all ICBC personal injury claims, medical expert evidence is required in order to prove injuries and to justify the amounts claimed for different types of damage awards at trial.  For instance, if you are claiming that you are permanently injured without any chance of full recovery, then you must have a medical expert’s opinion…

$130,000.00 Awarded for Pain and Suffering for Chronic Partially Disabling Soft Tissue Injuries

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors.  These factors include the age of…