Legal Analysis for Multiple Car Accident Whiplash Claims

This ICBC personal injury claim arose out of two rear-end motor vehicle accidents.  The claimant  was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…

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Whiplash Award Reduced to $30,000 for failure to follow Medical Advice

In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608).  The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…

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$45,000 Pain and Suffering Award to 81 Year Old Car Accident Victim

A personal injury award for pain and suffering is not reduced by a limited life expectancy and according to the Supreme Court of BC, advanced age should not be a factor either way in arriving at an appropriate award. This personal injury arose from a car accident at the intersection of Inverness Street and West 41st Avenue…

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Money Award for Loss of Renovation and Landscaping Capacity

This Court of Appeal personal injury case has only affirmed, and not changed, the law surrounding loss of capacity claims, including loss of renovation, landscaping , house-cleaning, and housekeeping Capacity ( Reynolds v. M. Sanghera & Sons Trucking Ltd.,2015 BCCA 232). We focus on loss of landscaping capacity as well as loss of renovation capacity claims in motor…

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Neck Injury Award of $75,000 for Permanent Pain and Suffering

After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident.  In the collision…

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Teen Injury Award of $387,000 for Loss of Earning and Housekeeping Capacity Upheld

The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school.  She suffered soft tissue injuries that left her with chronic pain in her back, neck and right shoulder.  She attended the Karp…

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$95,000 Pain and Suffering Award for Wrist Injury- Re-open Trial Refused

This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…

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$75,000 Award for Pain and Suffering- L1 Vertebra Injury Accepted

In this low back personal injury case the claimant was driving southbound on Willingdon Avenue  in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was  whether an L1…

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$100,000 for Psychological Injury- Aggravation of Stuttering Condition

The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…

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$160,000 Pain and Suffering for Mild Complicated Brain Injury

  Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…

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