Personal Injury Lawyer Confronts Witness But Judge Denies Loss of Business Claim

In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…

Read more

Personal Injury Award Increased to $390,000 for Loss of Future Earnings

This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following  Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…

Read more

ICBC Documents Hidden from Public by Court Order

Personal injury claimants need to mindful of the civil disclosure requirements over confidential documents when starting a lawsuit in British Columbia. However , the Insurance Corporation of British Columbia may well be provided with special treatment as explained in this,  ICBC keeps documents from public case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2062).…

Read more

Zip Lining Injury Claim Dismissed Due to Signed Release and Waiver

In a Dramatic turn-a-round, on April 30, 2014, the BC Court of Appeal has overturned this wrongly decided waiver of personal injury case (Niedermeyer v. Charlton,2014 BCCA 165). Therefore the following principles no longer apply, unless changed by the Supreme Court of Canada or by statute. As of Signing a release and waiver of liability…

Read more

Translator fees provided “at no cost to you” says Personal Injury Lawyer

Settled Personal Injury Case includes Cost of Mandarin Translation In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a…

Read more

Car Accident Claimant not Required to Attend ICBC Functional Capacity Evaluation

In this ICBC work assessment  personal injury case (Jackson v. Yusishen,2013 BCSC 1522) the defendant requested and was denied further physical examination of the injury claimant in order to respond to a functional capacity evaluation and cost of care report prepared by the claimants expert. Judge Barrow found that is was not necessary to order a…

Read more

Filing for Personal Injury Compensation- How to Make an Injury Claim

British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the  Insurance Corporation of British Columbia, ICBC, and 2.  the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…

Read more

Best Lawyer to Help deal with ICBC Claims Closer than you Think

ICBC claimants do not have to look outside the Province to find a top-rated ICBC lawyer to assist in an insurance injury claim after a car accident. In fact British Columbia has a unique system of automobile insurance so it is best to retain a practicing BC lawyer with experience representing claimants against ICBC. Personal…

Read more

What to Say to ICBC after a Car Accident

Statements made to the Insurance Corporation of British Columbia, ICBC, in writing, on the phone, online or in person are vital to a claim for accident benefits and can affect a subsequent claim of negligence. Any reply to the ICBC’s request for information must be accurate, and as is seen in a recent ICBC forfeiture of benefits…

Read more