May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…
Personal injury lawyers in Vancouver and the rest of BC need to consider taking a new approach to making allegations of injury. Overstating injuries in a personal injury lawsuit, as found in this case (Rasmussen v. Blower,2014 BCSC 1697) can lead to a poor outcome. The claimant in this personal injury case was a passenger…
Being a personal injury lawyer in Vancouver since 1995 gives me the benefit of some experiential knowledge when it comes to what ICBC says publicly about bodily injury claims and how they behave in private litigation. The recent attempt of ICBC to obtain an insurance rate increase is the latest example of a government corporation…
Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent. The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600) was injured in a car accident when she…
This personal injury claimant beat her offer of settlement made 7 days before trial. As a result the Judge awarded the claimant double costs. The claimant was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C. in which the claimant suffered mild to moderate soft tissue injuries and…
This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…
The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower. On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…
Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier. Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…
When a person is injured in a motor vehicle accident and has already attended a medical assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…
“We pride ourselves on our results and our proven track record of success for over 20 years in representing thousands of injury victims throughout all of British Columbia and providing them with complete medical legal care.”