Car accident injuries in the elderly over 65 years of age can be profound and personal injury lawyers need to apply a different case analysis in British Columbia. So how do personal injury lawyers and Judges determine fair compensation for pain and suffering and loss of enjoyment of life for the elderly? Well the following…
Settled Personal Injury Case includes Cost of Mandarin Translation In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a…
An index for Personal injury lawyers and counsel generally is provided by the registry with a list of cases so commonly referred to and accepted in British Columbia that lawyers need only index them in the case brief . In the typical car accident claim however lawyers exchange a table of case authorities and the best sections of the each case are referred to…
In this ICBC disputed settlement case (Varesi v. Cadelina,2011 BCSC 284), an adjuster from the Insurance Corporation of British Columbia offered the injury claimant $4,216 to settle her car accident claim. He explained the circumstances in his affidavit: I offered her $4,216.00 in total in exchange for a signed release, which I explained would mean that…
In this ICBC personal injury lawsuit the injury victim claims due to a motor vehicle accident when his vehicle was rear ended (Neumann v. Eskoy, 2010 BCSC 1275). Fault for the accident was admitted by ICBC on behalf of the other driver. I was unable to determine the force of the impact as the decision of the judge did not address this…
November 29, 2012- ICBC car accident injury cases should always provide money for pain and suffering if the jury finds that the injury claimant cannot work. Injury claimants without an injury lawyer may be unaware that they have a money claim for pain and suffering.
Craig v. Smith, 2010 BCSC 1082 August 3, 2010- ICBC refused to give an injury claimant relevant documents regarding a motor vehicle accident. The personal injury lawyer representing the claimant had been asking ICBC for the documents for over a year. There were several written demands, a formal application to court and a day of argument, over the…
July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a…
In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The defendant…
In this ICBC doctor personal injury case (Raun v. Suran, 2010 BCSC 793)the claimant was injured in a violent rear-end motor vehicle collision July 12, 2005. ICBC on behalf of the at fault driver admitted liability for the collision but assessed the case as being worth little more than $18,000.00. Defence counsel had the injury claimant assessed…
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