The Value of Life: A Personal Injury Lawyer’s Existential Reflections

The British Columbia Court of Appeal provided a rare existential perspective commenting on the value of human life this week in the right to die case of Carter v. Canada (Attorney General)2013 BCCA 435. For personal injury lawyers this reaffirms the dignity and respect for life that is the backbone of injury claim compensation. As the…

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Car Accident Claimant not Required to Attend ICBC Functional Capacity Evaluation

In this ICBC work assessment  personal injury case (Jackson v. Yusishen,2013 BCSC 1522) the defendant requested and was denied further physical examination of the injury claimant in order to respond to a functional capacity evaluation and cost of care report prepared by the claimants expert. Judge Barrow found that is was not necessary to order a…

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Filing for Personal Injury Compensation- How to Make an Injury Claim

British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the  Insurance Corporation of British Columbia, ICBC, and 2.  the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…

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Surrey Car Accident Injury Claimant Awarded Loss of Earning Capacity despite Inconsistencies

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.…

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Car Accident Case In Vancouver Injury Claimant Found 75% at Fault

This was  a  personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver.  It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…

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Vancouver Personal Injury Lawyers Face New Bike Lane Signs and Markings- Elephant’s Feet

With the growth of bike lanes in downtown Vancouver personal injury lawyers representing injured pedestrians, cyclist and car accident claimants face new signage, lane design and street markings as excuses for potentially dangerous and deadly accidents.  Vancouver wants to be the best City for cyclists in the world and in that regard I believe a personal injury lawyer’s…

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Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries

Bortnik v. Gutierrez, 2010 BCSC 856 June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the…

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