No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…
The law creating the Insurance Corporation of British Columbia, ICBC, essentially prohibits an owner, driver or passenger from entering into a contract to exclude liability while in use and operation of a motor vehicle. The majority of our Court of Appeal have determined that such a waiver or release is contrary to the nature of…
As a Vancouver car accident lawyer assisting people with ICBC claims since 1995 I have three important tips for ICBC claimants and for those seeking legal advice after a car accident: 1. ICBC Claims Lawyer- Specialization Help with free ICBC advice is as easy as making a phone call. Most lawyers with experience in ICBC…
After suffering injury in three car accidents the claimant was awarded over $450,000 for pain suffering, past loss of earning capacity, impairment of future earning capacity, cost of future care, costs associated with vocational assessment, rehabilitation treatments, special damages and loss of housekeeping services (Parhar v. Dawe,2014 BCSC 580). Liability was not an issue but…
It is not uncommon for the Insurance Corporation of British Columbia, ICBC, to initially accept fault for an accident and then later change their mind. ICBC personal injury lawyers assisting victims will welcome this case (Pavan v. Guolo,2014 BCSC 648) as it makes it clear that ICBC must produce all documents gathered in the investigation…
The court awarded more than $300,000.00 to this heavy duty mechanic that suffered injuries in two car accidents (Hong v. Wagner,2014 BCSC 373). Despite considerable concern surrounding the reliability and credibility of the claimant’s testimony the medical evidence established that the claimant has a permanent partial disability and will suffer from shoulder pain in the future.…
With legal assistance after a car accident being critical to the successful outcome of most Insurance Corporation of B.C. claims the lawyers at Holness Law Group report automobile crashes to ICBC. As a lawyer in Vancouver I often help by first reporting a car accident to ICBC even if a client has already called dial-a-claim.…
Personal injury lawyers in BC will want to take note that the Court of Appeal has reversed an award of trial costs as the judge was clearly wrong in finding that the defendants were successful. (Loft v. Nat,2014 BCCA 108). The Court of Appeal makes it clear that obtaining less money than what was requested…
After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”. Personal injury lawyers have long been trying to put some logic to this distinction and now the following Court of Appeal case introduces “realistic possibility” (Kim v. Morier, 2014…
In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was driving home from a Vancouver Canucks hockey game. Another vehicle failed to stop and struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…