Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims. What an injury claim is worth will now have…
July 29, 2010- ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age. However, it is inappropriate to discount an award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke , still good…
Egan v. ICBC, 2010 BCSC 1042 July 27, 2010- Insurance Corporation of British Columbia (“ICBC”), applied to court for an order that two car accident injury claims being made by one claimant be heard at the same time. In the ICBC injury claim , the injured claimed damages for personal injuries, including injury to the head, headaches, cognitive problems,…
Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…
July 28, 2011- New Civil Rules of Court came into effect July 1st, 2010 and court registries have set new protocols on how the Rules work for personal injury lawsuit. The court registry is now a little more predictable. For example, back in July, 2010 I went to obtain dates for trial and dates for a judge led conference…
Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…
Skinner v. Fu,2010 BCCA 321 The injury claimant rear-ended a vehicle when the other driver stopped without warning in the right lane of a highway. A personal injury claim from the car accident was originally dismissed by the court even though the trial judge found the driver that had stopped on the highway after hitting…
July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a…
This car accident injury claimant was seeking compensation from what she said was a very severe impact on her life due to her car accident injuries (Shapiro v. Dailey, 2010 BCSC 770). These injuries were soft tissue type injuries that developed into persisting chronic pain syndrome, fibromyalgia, myofascial pain, anxiety/panic disorder, depressive symptoms, post-traumatic stress disorder, thoracic outlet syndrome, and associated physical, emotional…
This successful personal injury case appeal(Poirier v. Aubrey, 2010 BCCA 266) has been referred to and considered by the Supreme Court more than 6 times since I first wrote this post and it has not been overturned. The injury claimant suffered soft tissue injury in a car accident which led to the development of chronic pain . Her personal…