The injury claimant, a pedestrian, was crossing Nelson Avenue in Burnaby, B.C. when her husband was hit by a car(Arsenovski v. Bodin, 2012 BCSC 35). The claimants husband subsequently reached a settlement with the Insurance Corporation of British Columbia (“ICBC”) for compensation resulting from his injuries. The claimant, although not struck by the motor vehicle, claimed relief for the injuries suffered…
The claimant was injured in a car accident and her claim at trial was dismissed. For reasons given orally, the judge found the claimant was totally at fault. the claimant appealed, contending the judge was wrong and the Court of Appeal agreed. The injury claimant won her personal injury appeal (Smeltzer v. Merrison,2012 BCCA 13). Essentially…
I have been a personal injury lawyer in British Columbia since 1995 and am always asked to give legal advice about ICBC offers of settlement. All too often injury claimants call me at best at the final hour or when it is too late to save a critical element of the car accident case. I certainly…
When a person suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…
In this ICBC Langley personal injury claim (Shinkaruk v. Crouch,2011 BCSC 1762) a pickup truck collided with the claimant’s car in the intersection of 96th Avenue and Telegraph Trail. The weather was clear, visibility was good and the streets were bare. The claimant’s evidence was that he pulled up to the sidewalk and looked to…
This case is another reminder of why it is important to hire a personal injury lawyer if you have been injured in a car accident( see: Pearlman v. Phelps Leasing Ltd.,2011 BCSC 1696). The Judge had a difficult time accepting the testimony of the claimant stating, “The plaintiff’s credibility from the onset of the trial before…
The injury claimant sued for his losses after he was run down in a crosswalk and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit. The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…
This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing. There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…
The Insurance Corporation of British Columbia, ICBC, refused to accept the decision of a BC Supreme Court Judge and had to be told the obvious by the Court of Appeal of BC-Massage therapy after a car accident injury is a mandatory ICBC benefit (Raguin v. Insurance Corporation of British Columbia, 2011 BCCA 482). The infant claimants were in…
Personal injury lawyers in British Columbia are always being asked to help get the Insurance Corporation of British Columbia, ICBC, to pay for medical expenses that are not covered by the Medical Services Plan. In this private medical cost car accident injury claim(Engqvist v. Doyle, 2011 BCSC 1585) Judge Rogers in Kelowna found that the injury…