Unquestionably one of the most compelling destination compendiums of our planet, Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction. The future is bright for this mother of all Earth browsers, so here are a few important features personal injury lawyers need to know: Seamless transition from 3D…
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…
Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for a motor vehicle accident which occurred at the intersection of Highway 10 and 192nd Street in…
The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…
In a case of bus driver negligence causing injury, the Court of Appeal has dismissed the appeal of ICBC and Translink, finding the circumstantial evidence adequate to infer negligence (click here for Benavides v. ICBC, 2017 BCCA 15). However, the Court of Appeal sidestepped the real underlying issue: should public carriers be under a stricter test of…
This first personal injury case of 2017 is a classic example how various witnesses to a car accident will remember the circumstances differently. This is also an unusual ICBC rear end crash in which the person hitting the other from behind is found 75% at fault. As Supreme Court Judge Griffin pointed out: Even honest witnesses will…
Helping understand loss of earning capacity claims in BC in today’s personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light. The light turned green and the defendant lifted his foot from the brake of his car, and his car began to roll forward. He did not…
The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits. The defendant then wanted the claimant to attend a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…
Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors. The Rules created a class of “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…
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…