Brain injury diagnosis and assessment in personal injury cases has changed in the last 30 years. Technology and new discoveries have provided more accurate tools for evaluating the existence of brain injury. However, the British Columbia court system has been slow to recognize and utilize these new tools. Unlike Ontario, the BC courts have recently…
In all ICBC personal injury claims, medical expert evidence is required in order to prove injuries and to justify the amounts claimed for different types of damage awards at trial. For instance, if you are claiming that you are permanently injured without any chance of full recovery, then you must have a medical expert’s opinion…
We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…
As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims. There are a number of strict guidelines which govern experts and their expert reports. One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…
As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue. The main reason for this is due to the expert evidence required to prove liability and quantum . For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…
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