ICBC Denied Second Medical Examination- New Holistic View

In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first  ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…

Pedestrian Without Personal Injury Lawyer 75% at Fault for Accident Injuries

In this no lawyer pedestrian case(Lariviere v. Martins, 2013 BCSC 1751)a vehicle was travelling west on East Hastings Street,around midnight,  approaching the intersection of Jackson and East Hastings when the claimant stepped off the sidewalk on the north side of Hastings Street, with the intent of crossing to the south side. She did so in the…

Personal Injury Lawyers Get More Money for Seniors and the Elderly- The Golden Years Doctrine

Car accident injuries in the elderly over 65 years of age can be profound and personal injury lawyers need to apply a different case analysis in British Columbia. So how do personal injury lawyers and Judges determine fair compensation for pain and suffering and loss of enjoyment of life for the elderly? Well the following…

Injured Cyclist Wins and Driver Admonished for Inadequate Application Materials

This Fast Track summary trial bicycle accident case(Dupre v. Patterson,2013 BCSC 1561) occurred near Walnut Street and Cornwall Avenue in Vancouver.  A vehicle turned right onto Cornwall from Cypress and knocked the claimant off her bike . The Judge delivered a knock our blow finding that the driver was completely at fault. The court also…

Car Accident Claimant not Required to Attend ICBC Functional Capacity Evaluation

In this ICBC work assessment  personal injury case (Jackson v. Yusishen,2013 BCSC 1522) the defendant requested and was denied further physical examination of the injury claimant in order to respond to a functional capacity evaluation and cost of care report prepared by the claimants expert. Judge Barrow found that is was not necessary to order a…

Reasonable Settlement Offer not Accepted but Double Costs Unfair to Personal Injury Claimant

The claimant in this reasonable offer personal injury case(Gulbrandsen v. Mohr,2013 BCSC 1481) was a passenger in a car accident.  The Judge accepted the claimant was injured in the accident awarding her $28,000.0  in damages, but  found that she was not a trustworthy witness. Her evidence about lost time at work was vague and she had…

Psychologist in Brain Injury Claim Ordered to Disclose Neuropsychological Assessment Records

Lawyers for ICBC Gain access to Raw Test Data Despite the Directives of the College of Psychologists of BC After suffering a brain injury in a motor vehicle accident, will the Court Order the psychologist to copy records to ICBC? As a Personal Injury Lawyer in British Columbia since 1995 I have had to hire registered psychologist…