This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…
This ICBC claimant suffered injuries sustained in two separate motor vehicle collisions. He succeeded in obtaining a $158,142.00 award against the guilty drivers for his injury. However, he did not have a lawyer and took the unusual step of seeking punitive damages for bad faith against ICBC for the way he was treated. He claimed…
An employers’ duty to accommodate can impact the amount of ICBC injury claim settlement. In this case review, a car accident injury was claimed to have been settled on the mistaken understanding that the employer was willing to accommodate the injury. About a month before the trial of the car accident claims, the claimant sent…
Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…
Being sued unfairly for expressions in the public interest costs thousands of dollars. Improper or bad faith lawsuits meant to bully, torment and terrify can result in serious mental injury. Stop the lawsuits immediately with an innovative court application for Protection of Public Participation ( 3P Application). Before learning how to stop your unfair lawsuit…
Medical malpractice settlements are generally private and therefore not reported. The amount of the settlement will reflect the risk of going to trial. These are civil lawsuits brought by patients against negligent care providers. Settlements are paid to the patient by an insurance company. As a result, a release agreement must be signed. The settlement…
Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury. There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the…
To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering), compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…