In the personal injury case Kherani v. Da Silva, 2024 BCSC 1349 the claimant sought damages for personal injuries arising from a 2017 motor vehicle accident. The collision affected her ability to work as an ophthalmic surgeon, leading to a significant loss of income-earning capacity. This case summary focuses on the plaintiff’s loss of earnings…
In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…
Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…
This was an appeal of a personal injury award for loss of future earning capacity. The judge awarded the 61 year old claimant $45,000 representing six months of income, and potential loss of pension. The claimant was driving on Hastings Street in Burnaby, when the defendant suddenly moved into his lane of traffic and struck…
The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…
If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income. This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits. If there is disability coverage through your employer, you may be eligible to receive short…
If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…
The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…