In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…
The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA 492). The claimant was driving his motorcycle at Georgia Street and Broughton Street in Vancouver…
Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…
In a surprising personal injury claim decision the British Columbia Court of Appeal has remitting the matter of cost of future care to the judge for a fresh determination. ICBC successfully challenged the awards for massage therapy and physiotherapy; Botox injections to the right shoulder; prescription for Nortriptyline; chiropractic treatment; and seasonal cleaning and gardening assistance (Johal…
After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…
It is my experience as a lawyer representing car accident victims that ICBC and other insurance companies regularly deny all the facts alleged by an injury claimant in a lawsuit with little or no explanation. This type of response to a civil claim appears to no longer suffice as adequate pleadings in British Columbia. In fact…
A new standard for settlement proposals and settlement agreements has been set by the BC Court of Appeal . In a dispute over whether a family law case was settled the court required the trial judge to analyze the evidence of the settlement agreement in light of all the material facts to determine the entire scope of…
In this post-traumatic stress disorder (PTSD) personal injury case the Claimant was driving along Como Lake Road in Coquitlam when a van hit into the side of his vehicle. The other driver admitted liability, but disputed that the car accident induced PTSD in the claimant (Kim v. Khaw,2014 BCSC 2221). In many ICBC injury claims the insurance…
The personal injury case I review involved a low velocity motor vehicle accident on the Fraser Highway in which the Judge concluded that no injury had been established (2014 BCSC 2135) . The Claimant had a history of addiction, abused both street and prescription narcotics, endured a catastrophic industrial accident and significant injuries prior to the…
After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…