Early Retirement Loss Awarded to 38 Year old with no Lost Income

This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan,2016 BCSC 908. The Supreme Court was convinced this personal injury claimant would not have considered retiring early had it not…

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Elderly Injury Claimant Awarded $50,000 for Pain and Suffering

Age is a factor for compensation for older and retired adults after a motor vehicle injury and is considered in today’s personal injury case: Bardua v. Han, 2016 BCSC 861.  As it relates to compensation for pain and suffering for retired individuals  Judge Griffin  famously stated: [88] The retirement years are special years for they are at a time…

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$740,000 Award in Low Velocity Injury Case and Dr. Koch Discredited

This personal injury claimant was awarded over $700,000 after ICBC failed to take her injuries seriously following six “minimal damage”, also called by ICBC “low velocity”, motor vehicle accidents. ICBC relied on Dr. William Koch, a registered psychologist in B.C. to argue that the claimant had pre-existing psychological disorders not related to the car accidents. Dr. Koch…

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Use of medical Marijuana Not in best interest of Claimant

This injury claimant was awarded $50,000 for pain and suffering but her claim for medical Marijuana of 3 grams a day in cream form for a period of two years at a cost of between $21,900 and $32,850 was totally dismissed (G. v. Ahn, 2016 BCSC 795). The claimant was injured in a motor vehicle accident which occurred at the intersection of…

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ICBC Beats Settlement Offer but Full Costs Still Awarded to Claimant

What happens if a claimant does not accept an ICBC offer and the court awards less than the amount offered? Are you forced to accept whatever ICBC offers? Is it a factor that ICBC is a big fish in the small pond of personal injury? Today’s ICBC offer to settle case shows that not accepting an offer…

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$115,000 Pain and Suffering Award for Soft Tissue Injury and Chronic Pain

Another walloping to the auto insurer ICBC as they seem to continually refuse to make reasonable offers of settlement. The Court has awarded $411,158.00 after a 2 week trial in Vancouver to a  claimant involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C. (Biefeld v. Neetz,2016 BCSC 689). As a result…

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$170,000 Pain and Suffering Award for Depression and Chronic Pain

This injury claimant was awarded almost $1 million after suffering chronic pain injuries from a car accident. The accident occurred at the intersection of Fraser Street and 41st Avenue in Vancouver. The claimant’s vehicle was in the dedicated left turn lane and the defendant, intending to drive to the front of the left turn lane to…

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ICBC Still not Making Reasonable Offers to Settle

ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems to have turned to “firmly unfair” thanks to ICBC. In the most recent case of Sebaa…

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$40,000 to $50,000 Infant injury Awards for Pain and Suffering

  Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…

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$175,000 Pain and Suffering Award for MTBI and Somatoform Disorder

Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…

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