In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…
In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…
In this week’s post, Personal Injury Lawyer, Renn Holness, explains that personal injury claims can, and do, go unsettled far more often than one would think.
In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an offer does not weigh against the awarding of double costs. In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…
This car accident personal injury claim occurred at 92nd Avenue in Surrey,(Narain v. Gill,2012 BCSC 848) British Columbia when the claimant was hit head on by a minvan. The Insurance Corporation of British Columbia (“ICBC”) did not admit fault, but liability was not contested, and the judge found that the other driver was negligent and caused the accident.…
Rizzolo v. Brett, 2010 BCCA 398 This was an appeal by ICBC representing the at fault driver of a $562,103.30 court award due to a fractured tibia and fibula resulting in chronic pain from a motorcycle accident. The injury case being appealed is indexed at 2009 BCSC 732. One of the arguments that was rejected by…
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…
September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have…
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.
July 4, 2011-This uninsured car accident (Pierre v. Miller, 2010 BCSC 812 ) occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argued that the Finlay Forest Service Road fell within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained…