As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…
In an ICBC claim, the injured claimant must establish on the balance of probabilities that the defendant’s negligence (other driver) caused or materially contributed to an injury. The defendant’s negligence does not need to be the sole cause of the injury so long as it is part part of the cause beyond the range of…
In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome. The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded that there was a “but for” causative link between either of the subject accidents and…
This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that ICBC must prove that but for the pre-existing condition, the Claimant would not have become totally disabled(Kozhikhov…
This ICBC personal injury claim arose out of two rear-end motor vehicle accidents. The claimant was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…
The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…
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