In the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…
In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
The Injury Award In this car accident injury case, the claimant was found to have suffered from a severe and chronic somatoform pain disorder. He was awarded over $1.5 million which included $180,000 for pain and suffering; Past loss of earning capacity of $178,000; future loss of earning capacity of $1,176,000; and out of pocket…
What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC. You are likely wondering what types of claims you can make against ICBC, how…
The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of continued publicly funded home care from Alberta Health Services (AHS). The injury claimant was involved…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…
After a car accident in British Columbia the cost of care awarded by the court can include medical marihuana. However, in the following personal injury case there was not enough evidence to make the connection between the car accident injuries and the need to smoke pot(2015 BCSC 57). This case also gives an excellent checklist for…
In a surprising personal injury claim decision the British Columbia Court of Appeal has remitting the matter of cost of future care to the judge for a fresh determination. ICBC successfully challenged the awards for massage therapy and physiotherapy; Botox injections to the right shoulder; prescription for Nortriptyline; chiropractic treatment; and seasonal cleaning and gardening assistance (Johal…
Over $75,000.00 was added to this personal injury award on account of the Increased discount rates! (McLeod v. Goodman,2014 BCSC 1551), Future loss of earnings and costs of future care in ICBC injury claims now have to be increased to more accurately reflect the claimants real losses. As a result of changes to the discount…
The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect more money for awards and settlements for future losses. This better reflects the decrease in…
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