Author: ERIK MAGRAKEN

$200,000 Non-Pecuniary Assessment for Chronic Post Concussion Syndrome

Written by ERIK MAGRAKEN on May 7, 2019. Posted in ICBC Brain Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury and post concussive problems caused by a collision.

In today’s case (Dornan v. Stephens) the Plaintiff was involved in a 2016 rear end collision. The Defendants admitted fault. The Plaintiff suffered a variety of injuries including a mild traumatic brain injury and post concussion syndrome which became chronic.

ICBC Ordered To Pay “Accelerated Depreciation” Damages Following Vehicle Collision

Written by ERIK MAGRAKEN on May 6, 2019. Posted in Uncategorized.

As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been damaged. The reason for this is quite simple. When a buyer is looking to purchase a used vehicle, those that have previously been damaged and repaired carry a stigma. This stigma generally results in a lower resale value.

$160,000 Non-Pecuniary Assessment for Head Injury With Lingering Cognitive Issues

Written by ERIK MAGRAKEN on May 6, 2019. Posted in ICBC Brain Injury Cases.

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury caused by a collision.

In the recent case (Dube v. Dube) the Plaintiff was injured as a passenger involved in a single vehicle collision. The Defendant accepted fault. The crash caused a variety of injuries including a traumatic brain injury which caused cognitive deficits which were expected to linger indefinitely. In assessing non-pecuniary damages at $160,000 Madam Justice Burke provided the following reasons:

$75,000 Non-Pecuniary Assessment For Chronic Soft Tissue Injuries

Written by ERIK MAGRAKEN on May 2, 2019. Posted in ICBC Soft Tissue Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing non-pecuniary damages at $75,000 for persistent soft tissue injuries.

In today’s case (Stapleton v. Andrew) the Plaintiff was involved in a 2015 intersection collision. The Defendant accepted fault. The crash caused soft tissue injuries which lingered to the time of trial and were not expected to experience significant improvement in the future. In assessing non-pecuniary damages at $75,000 Mr. Justice Skolrood provided the following reasons:

Civil Resolution Tribunal Misleading the Public About ICBC Claims?

Written by ERIK MAGRAKEN on April 25, 2019. Posted in Uncategorized.

From April 1, 2019 onward BC crash victims have had their rights drastically reduced. One of the key rights stripped from British Columbians is the ability to go to Court.

BC Court of Appeal – Forseeability Is No Defense To Low Impact Collisions

Written by ERIK MAGRAKEN on April 24, 2019. Posted in ICBC LVI (Low Velocity Impact) Cases.

Last year a BC Supreme Court level judgement dismissed a personal injury claim in part due to the logic that it is not foreseeable that someone will suffer injury in a low velocity impact collision in a parking lot. Today the BC Court of Appeal overturned this judgement finding the trial judge was wrong in their application of the foreseeability principle and that physical injury is foreseeable from collisions, even minor ones.