Brain injured Rainmaker Described as the Best Lawyer

In this personal injury case a very competent young lawyer was  tragically rendered less capable overall from earning income from all types of employment due to a falling injury resulting in brain injury. She was awarded $5.1 for her loss of earning capacity (click here for full case 2010 BCSC 1111). The judge found that it was highly…

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Higher Burden of Proof for Pain Disorder Dismissed

In this important Court of Appeal decision the court has upheld an award of $85,000 for pain and suffering arising out of a somatic symptom disorder, despite credibility and reliability issues. Also, and more importantly to the personal injury lawyers out there, the Court has dismissed the “higher burden of proof” rhetoric that has been read into…

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Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…

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Awarded 2 Years of Future Income Loss – The Capital Asset Approach

The Honourable Mr. Justice Skolrood in Kweon v. Roy,2016 BCSC 2305  is the source of today’s article about evaluating loss of income in ICBC personal Injury claims. In Kweon the ICBC claimant was awarded $165,000 for Loss of future earning capacity and $175,000 for pain and suffering. The Court of Appeal in Ibbitson v. Cooper, 2012 BCCA 249…

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A Checklist for Future Loss of Earning Capacity Claims

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,…

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Checklist for Psychological Injury Claims

   Compensation for psychological and psychiatric injury is recoverable in British Columbia for victims of personal injury. The Supreme Court has dealt with psychological and psychiatric factors that overwhelm the physical injuries in numerous personal injury cases. In Agar v. Leonard,2016 BCSC 1430 the court has awarded over $900,000 to the claimant, $110,000 for psychological  pain and suffering. The…

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Avoid Becoming a Hired Gun- Brain Injury Opinion Rejected Again

Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical colleagues without adequate justification; and (4) diagnose a condition in the same way they would…

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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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