The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…
After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities. The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in comparable cases. However other personal injury cases, though helpful, serve only as a rough guide. In…
ICBC stands for the Insurance Corporation of British Columbia. The Provincially created auto insurance company responsible for providing mandatory third party liability coverage. ICBC is the largest crown corporation measured by revenue. The ICBC Board consists of at least three directors appointed by the Lieutenant Governor in Council. The Lieutenant Governor in Council must also designate a…
ICBC personal injury claims can become complicated to even the most experienced lawyers. After 21 years making ICBC injury claims as an injury lawyer I would like to share a few important tips to make your claim process easier. If you want to be covered for your injury claim here are three steps you absolutely need…
Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373). Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…
This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…
In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…
ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts. ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…
The injury claimant was a passenger involved in a car which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…