This personal injury claimant proceeded to trial without a lawyer and his claim was dismissed. ICBC had offered $1.00 to the claimant to settle the case before trial and after the claim was dismissed ICBC sought double costs for the claimant’s failure to accept the offer. This ICBC personal injury case involved a collision on Westside Road…
ICBC will often require medical records before paying benefits or agreeing to settlement. However, when going to court records may not be admissible without the author being called to testify. Also, expert opinion must be delivered under the strict rules of the court. This post will discuss the admission of medical records in personal…
A 400 year old principle of law that a “promise to pay” is not enforceable has now been changed by the BC Court of Appeal. For ICBC claimants with outstanding accident benefits there is currently a limitation of two years from the last benefit paid. This case may bring a new consideration to the ICBC adjuster’s unfulfilled…
When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…
The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…
An offer to settle in any personal injury case should be clear and unambiguous. The claimant and ICBC should use plain language when settling car accident cases. The offer of settlement should avoid colloquialisms or idioms that are understood by a limited audience. In today’s case review an ICBC insured sought to deny an injury…
This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC 593). The wife was awarded $50,000 and the husband $200,000 for the pain, suffering and…
Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant’s conduct. The appellants were found to have defamed the plaintiff and the judge awarded damages of $1,205,000 and special costs, and granted a permanent injunction against the appellants, restraining publication of any defamatory words concerning the Plaintiff. All…
The injury claimant was a nine year old passenger sitting on the driver side rear seat of a 2006 Nissan Pathfinder when it was struck by another vehicle. As a result, the claimant sustained a near complete spinal cord transection resulting in him becoming a ventilator-dependent quadriplegic. The allegation is that the spinal cord injury was caused…
In this precedent changing personal injury Court of Appeal decision, the injury claimant, struck by another vehicle on the passenger side where she was seated, was awarded $1,782,068, including $418,000 for loss of housekeeping capacity at trial. We focus on this exciting new statement from the court of appeal embracing this claim for loss of housekeeping capacity…