Future Care Injury Award Reduced for Public Funding

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…

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Functional Capacity Recommendations Awarded if Linked to Doctor Assessment

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…

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Car Accident Victim Denied Cost of Marihuana to Treat Pain

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…

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Future Care Costs of $90,000 Set Aside

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…

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Personal Injury Award Increased- Discount Rates Helping Claimants

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…

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Increasing ICBC Injury Settlements and Court Awards- New Discount Rates

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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Car Accident Victim Awarded Life Long Yoga Membership

Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The  Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…

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