Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…
In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000. ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…
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 this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that the claimant’s formal offer was one that ICBC ought reasonably to have accepted (Saopaseuth v.…
In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…
In this post-traumatic stress disorder (PTSD) personal injury case the Claimant was driving along Como Lake Road in Coquitlam when a van hit into the side of his vehicle. The other driver admitted liability, but disputed that the car accident induced PTSD in the claimant (Kim v. Khaw,2014 BCSC 2221). In many ICBC injury claims the insurance…
This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…
Driver and passenger were both drunk returning from an alcohol fueled weekend in the Okanagan. Four friends from the Lower Mainland were all drinking in the car when the injury claimant, the front seat passenger, began gyrating wildly to loud music which resulted in her hitting the steering wheel. The speeding vehicle swerved into a ditch…
In this motor vehicle accident injury case the claimant offered to settle for $65,000.00 more than two weeks before trial and that offer was rejected. The insurance Corporation of British Columbia, ICBC, is the mandatory third party insurer for all BC drivers and in this case the defendant was ordered to pay over $193,500 plus double…
May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…