The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another vehicle. ICBC participated directly in the personal injury lawsuit as a Third Party and the…
In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an offer does not weigh against the awarding of double costs. In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…
This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…
In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating: “[46] The foregoing discussion leads me to the…
Immediately following this car accident the injury claimant began to experience a cough that would not go away(Reilander v. Campbell,2011 BCSC 1848). She did not associate it with the car accident and thought it was asthma, although use of her Ventolin was not working.She visited her family doctors many times, complaining of pain in her…
This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of a $740,000 award for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents. The appellants admitted fault for the two car accidents accidents and the trial judge concluded…
In this stunning decision the Supreme Court of Canada has overturned the decision of the Nova Scotia Court of Appeal and restored the verdict of the Jury dismissing the infant’s personal injury claim (Annapolis County District School Board v. Marshall,2012 SCC 27). The injury claimant, a four-year-old, was playing with his brothers in front of the family home…
In this New Westminster car accident claim the BC Supreme Court concluded that the injury claimant did not suffer a brain injury(Minhas v. Sartor, 2012 BCSC 779). The court said that the claimants testimony must be regarded with scepticism and given little or no weight. The claimant demonstrated at this trial that he was both an unreliable and a…
This BC Court of Appeal personal injury case is another example of just how important an ICBC statement is in a car accident lawsuit(Power v. White, 2012 BCCA 197). The Court upheld the decision of the Supreme Court of BC finding the rearending driver fully at fault despite the injury claimant having swerved and braked in front…
When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant lawyer’s best options are usually assisted by the use of the…