Credibility and not New Brain Science to Blame for Loss

After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…

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Maximum Injury Award for Pain and Suffering $351,000

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…

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Teens and Youth Personal Injury Claims Concussion Guidelines

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…

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Traumatic Brain Injury Results in $2.5 Million Award for Teenager

This Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road  which resulting  in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…

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Pedestrian in Crosswalk found 20% at Fault for her Brian Injury

In this crosswalk personal injury occurring in Port Coquitlam (Paskall v. Scheithauer,2014 BCCA 26) the jury found a pedestrian twenty percent fault for her fractured her skull and traumatic brain injury after attempting to cross at a  marked crosswalk. The verdict was upheld by the BC Court of Appeal despite the appellants plea that she was lawfully within a…

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Brain Injury after a Personal Injury- What Does a Normal MRI Mean?

Following a car accident or other personal injury in which a person has hit their head, been rendered unconscious, or has experienced an altered state of consciousness,  Magnetic Resonance Imaging ( MRI) may be ordered to rule out serious brain injury.  Most personal injury lawyers want to understand however whether  having a normal MRI means…

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A Personal Injury Lawyer’s Insight into Diffuse Axonal Brain Injury

Experienced personal injury lawyers should know that Diffuse Axonal Brain Injury (DAI) refers to damage at an almost microscopic level to the connections of the brain. “Diffuse” means generalized in the brain. “Axonal” refers to the connections. After a car crash or other accident one may suffer a concussion, however, DAI is beyond a simply…

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Settlement of Personal Injury Claim- “Urgency” for MRI Costs New Test?

This was an assessment of the costs  following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an  MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident  sustained soft tissue injuries.  Despite two treating doctors recommending an MRI,…

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Brain Injury after a Car Accident- Help Understanding Symptoms

As a personal injury lawyer in Vancouver I have the good fortune of having a Brain Surgeon as a father. In this exclusive video, Dr. R.O. Holness, Neurosurgeon since 1975, touches on the symptoms of brain injury after car accidents.  Family members are often the first to contact my personal injury law firm for help after…

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Offer to Settle Car Accident Injury Claim Rejected and Winning Claimant Gets Legal Fees Paid

In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an  offer does not weigh against the awarding of double costs.  In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…

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