If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses. Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs and special damages (reimbursement of your out of pocket expenses). One type…
Average ICBC Rear Ender Payouts from the Supreme Court Getting hit from behind while stopped in traffic is a common occurrence, usually referred to as a rear-end accident. As a personal injury lawyer in British Columbia since 1995, I can say there have likely been more rear end car accident cases forced into court in…
In a prior blog post, we discussed the current state of ICBC settlements in 2020. Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants. When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial. This…
Sports are a large part of our society. Millions of Canadians have participated in and have been spectators in amateur sports and professional sports. Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…
ICBC has been punished again for failing to accept a reasonable settlement offer. This offer coming from an innocent car accident victim that lost $85,000 just in past wages. The claimant offered to settle a car accident injury claim for $150,000, which ICBC rejected. The court said the injury claim was worth over $200,000, after…
Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…
A social host is a person who holds a private party where alcohol is served and consumed by guests. A social host is different from a commercial host which is a business establishment such as a restaurant or a bar that serves alcohol for profit. Accordingly, the legal responsibility differs between a social host and…
Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it is proven that an injured claimant failed to mitigate their injuries…
Most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not to proceed. This is known as informed consent. A doctor’s obligation to obtain…
In a previous blog post on Occupier’s Liability, we reviewed the liability of a cafe for inadequate ladder and supervision in Woo v. Creme De La Crumb Bakeshop & Catering Ltd. 2019 BCSC 1752. In that case, a 66 year-old injured claimant suffered a severe brain injury when he fell from a ladder while doing…