When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages). Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law. When researching prior trial awards, it is important to find cases which involve similar facts. When…
If you are injured in a motor vehicle accident and your injuries prevent you from working, you may have a claim against ICBC for repayment of your lost wages. As discussed in a previous blog post on ICBC wage loss claims, there are 2 aspects of a wage loss claim that you may be entitled…
In a previous blog post, we discussed certain circumstances where an accepted ICBC settlement offer can be overturned and rejected. The question then is whether you can also reject an accepted offer from a private non-ICBC insurance company relating to medical malpractice injury claims, slip and fall injury claims and private property injury claims. Overturning…
In Chai v. Greenwood 2020 BCSC 1294, the 46 year-old male injured claimant suffered headaches, mood changes and soft tissue injuries in a motor vehicle accident. The medical experts were of the opinion that while some more improvement was expected, it would not result in full recovery. As such, the injuries collectively were considered chronic…
In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse. Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…
As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…
In British Columbia Underinsured motorist protection (“UMP”) is a statutory form of first party insurance offered by ICBC to provide indemnity to an insured person in the event that an at-fault motorist has insufficient or no liability insurance or other assets with which to pay a judgment. With respect to any anticipated Underinsured Motorist Protection,…
For over 20 years, Holness and Small Law Group has successfully represented drivers, passengers, pedestrians, cyclists and motorcyclists with their injury claims against ICBC and other insurance companies. Types of Accidents Motor Vehicle Accidents Pedestrian Accidents Bicycle Accidents Motorcycle Accidents Motor Vehicle Accidents If you are driving a motor vehicle and you are involved in…
In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
Have you been sued for speaking out on matters of public interest? Defamation, libel and slander are civil claims sometimes misused by large corporations, professionals, and governments to silence public debate. These unfair lawsuits are called “strategic lawsuits against public participation” (SLAPP). SLAPP targets critics in an attempt to prevent debate on matters of public…