A $222,000 offer to settle a car accident injury claim was rejected and after a ten day trial a jury awarded $53,000. In light of the juries award the claimant was denied the costs of preparation and attendance at trial (Wafler v. Trinh,2014 BCCA 95). The Insurance Corporation of British Columbia had made three offers to settle…
Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury award should not be reduced for failing to take medical cannabis (Glesby v. MacMillian,2014 BCSC 334).…
The answer is NO a signed statement is not required after a car accident when applying for accident benefits from the Insurance Corporation of British Columbia, ICBC. You are required to give a written report not a signed statement. As a personal injury lawyer in BC since 1995 I refuse to let my clients sign unnecessary…
Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00. The injury…
In this low velocity car accident injury case (Naidu v. Gill,2012 BCSC 1461) the injury claimant waited over one year to report his accident to the Insurance Corporation of British Columbia, ICBC. The accident took place when the claimant was rear ended near the intersection of 88th Avenue and Fraser Highway in Surrey, BC. This…
The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…
September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have…