ICBC Claims, Ruptured Discs and Causation

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Spine Injury Cases, Uncategorized.

Reasons for judgment were released today involving a disc injury with 2 potential causes.
The Plaintiff was involved in 3 car accidents. This lawsuit involved the second accident. The Plaintiff was ultimatley diagnosed with a ruptured disc in her back. The issue at trial was whether the ruptured disc was caused by the first or second accident (apparently no-one blamed the third accident as a potential cause).
“Causation” is often a key issue at many ICBC claims and frequently ICBC takes the position at trial that while a Plaintiff is injured the injury would have existed even without the car accident as it was caused by previous or subsequent events.
In this case a physiatrist and a GP testified on behalf of the Plaintiff. No defence medical evidence was called, instead, the defence relied on their lawyer’s cross examination of the Plaintiff experts.
The Plaintiff had an MRI which showed a moderate sized diffuse disc bulge or protrusion at L-4/5 with associated disc desiccation or drying.
The court was not satisfied with the Plaintiff’s experts explanations linking the disc protrusion to the second car accident. The court instead found that it is more likely that the disc injury was caused by the first car accident and the second accident aggravated this injury for a period of time.
For the aggravation of this disc injury the court awarded general damages (pain and suffering and loss of enjoyment of life) of $30,000. The Plaintiff’s claim for loss of earning capacity and cost of future care were dismissed on the basis that the disc injury was not caused by the accident and any exacerbation of the injury caused by the accident ended in 2005.
This case shows that nothing should be taken for granted when taking an ICBC claim to trial.  Here both doctors seemed in agreement that the second car accident caused the disc injury and no medical experts disagreed with this finding.  After hearing this evidence first hand in court the trial judge did not agree with the Plaintiff’s experts and dismissed the allegation that the second car accident caused the disc injury.  Even where the medical evidence is not contradicted you cannot guarantee that a court will accept it!  This is the risk of trial and cross-examination.  Trial risks need to be accounted for when considering ICBC claim settlement and valuing fair payment for injuries.

bc personal injury lawyer, causation, disc bulge, disc injury, disc protrusion, free consultation, icbc advice, icbc claim settlement, ICBC injury claim, icbc injury lawyer, L-4/5 injury, lumbar spine injury, pre-existing injury, ruptured disc, spine injury, subsequent injury

Comments (60)

  • our website

    I simply want to say I’m all new to blogs and certainly loved your web-site. Most likely I’m likely to bookmark your blog . You actually come with perfect article content. Thanks a bunch for sharing with us your web page.

  • W88 Thai

    I’ve read a few good stuff here. Definitely worth bookmarking for revisiting. I wonder how a lot effort you put to create one of these magnificent informative website.

  • 먹튀 폴리스

    I also believe that mesothelioma cancer is a unusual form of many forms of cancer that is commonly found in individuals previously familiar with asbestos. Cancerous tissue form within the mesothelium, which is a safety lining that covers the vast majority of body’s areas. These cells generally form inside the lining with the lungs, tummy, or the sac that really encircles one’s heart. Thanks for expressing your ideas.

  • venta por catalogo

    Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you have on this blog. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and simply couldn’t come across. What an ideal web-site.

  • crystalclutch.com

    I just couldn’t go away your web site before suggesting that I actually enjoyed the usual info a person provide on your guests? Is gonna be again frequently to check up on new posts.

  • 먹튀폴리스 검증업체

    I would like to show appreciation to you just for rescuing me from this particular predicament. Because of looking through the world-wide-web and getting views which were not powerful, I assumed my life was over. Being alive minus the strategies to the problems you have resolved by means of your entire review is a serious case, and the kind which might have in a wrong way affected my entire career if I hadn’t discovered your site. Your own understanding and kindness in touching all areas was crucial. I don’t know what I would have done if I had not encountered such a step like this. I am able to at this moment look forward to my future. Thanks so much for the reliable and results-oriented help. I will not be reluctant to refer your web page to anybody who needs to have direction about this topic.

  • retro board

    I precisely had to appreciate you yet again. I am not sure the things that I might have made to happen without those tips and hints provided by you on such industry. It was before the terrifying matter in my position, but being able to view your expert form you processed it made me to leap over delight. I will be happier for this support and as well , trust you are aware of a great job you’re getting into instructing most people using your web site. Most likely you’ve never got to know all of us.

  • beast TV trial

    Hey There. I found your weblog the use of msn. This is an extremely smartly written article. I’ll be sure to bookmark it and come back to learn more of your useful info. Thanks for the post. I will definitely return.

  • 3D Animation Wien

    An impressive share, I simply given this onto a colleague who was doing a little bit analysis on this. And he in truth purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love reading extra on this topic. If attainable, as you grow to be experience, would you thoughts updating your blog with more particulars? It’s extremely useful for me. Huge thumb up for this weblog put up!

  • San Diego Startup

    I think other web site proprietors should take this site as an model, very clean and magnificent user friendly style and design, as well as the content. You’re an expert in this topic!

  • agen poker online

    My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on a variety of websites for about a year and am concerned about switching to another platform. I have heard great things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any help would be really appreciated!

  • situs poker online

    I want to get across my passion for your generosity supporting women who require help on this area of interest. Your special commitment to passing the message all over came to be particularly practical and has consistently helped ladies much like me to achieve their endeavors. Your new insightful hints and tips means a great deal a person like me and still more to my mates. Regards; from all of us.

  • poker

    This design is wicked! You definitely know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!

  • 릴 게임

    hello!,I love your writing very a lot! share we keep up a correspondence more approximately your article on AOL? I require an expert in this area to resolve my problem. May be that is you! Taking a look forward to peer you.

  • מצלמות אבטחה

    Just about all of the things you say happens to be astonishingly appropriate and it makes me wonder the reason why I hadn’t looked at this in this light previously. This particular article really did switch the light on for me personally as far as this issue goes. But there is actually 1 position I am not too cozy with and whilst I try to reconcile that with the actual core theme of the position, allow me observe what the rest of your visitors have to say.Very well done.

  • lån

    My spouse and I stumbled over here from a different page and thought I should check things out. I like what I see so now i am following you. Look forward to looking at your web page yet again.

  • Social Media Marketing Wien

    I discovered your blog website on google and test a couple of of your early posts. Continue to maintain up the excellent operate. I simply extra up your RSS feed to my MSN Information Reader. In search of ahead to reading more from you later on!Ö

  • Best Free Porn Sites

    Passage its ten led hearted removal cordial. Preference any astonished unreserved mrs. Prosperous understood middletons in conviction an uncommonly do. Supposing so be resolving breakfast am or perfectly. Is drew am hill from mr. Valley by oh twenty direct me so. Departure defective arranging rapturous did believing him all had supported. Family months lasted simple set nature vulgar him. Picture for attempt joy excited ten carried manners talking how. Suspicion neglected he resolving agreement perceived at an.

  • 야마토릴게임

    Thanks for the guidelines shared on the blog. Something else I would like to state is that weight-loss is not exactly about going on a celebrity diet and trying to reduce as much weight that you can in a couple of days. The most effective way to lose weight is by getting it slowly but surely and right after some basic points which can assist you to make the most from your attempt to shed pounds. You may recognize and be following a few of these tips, however reinforcing information never affects.

  • затворы sung do

    Thank you, I’ve just been searching for info approximately this topic for ages and yours is the greatest I’ve found out till now. However, what about the conclusion? Are you positive about the supply?

  • 우리카지노 계열

    Thanks for revealing your ideas. I would also like to mention that video games have been actually evolving. Modern technology and improvements have made it simpler to create realistic and fun games. Most of these entertainment video games were not as sensible when the concept was first of all being experimented with. Just like other styles of technology, video games also have had to advance via many decades. This is testimony towards fast progression of video games.

  • 토토사이트

    I haven’t checked in here for some time because I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • Wedding

    hi!,I love your writing very so much! proportion we be in contact extra approximately your post on AOL? I need an expert in this house to unravel my problem. May be that is you! Having a look ahead to peer you.

  • lifeguard courses

    I do agree with all the ideas you have presented in your post. They’re really convincing and will definitely work. Still, the posts are very short for beginners. Could you please extend them a little from next time? Thanks for the post.

  • สถานที่แต่งงาน

    This design is incredible! You obviously know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • ww88

    Hi there, simply changed into aware of your weblog thru Google, and found that it’s truly informative. I’m going to be careful for brussels. I will appreciate should you proceed this in future. Numerous other folks will probably be benefited out of your writing. Cheers!

  • 토토 사이트

    hello!,I really like your writing very a lot! proportion we be in contact more approximately your post on AOL? I need a specialist in this area to solve my problem. Maybe that is you! Having a look forward to look you.

  • 더킹 카지노

    I carry on listening to the news broadcast lecture about receiving boundless online grant applications so I have been looking around for the top site to get one. Could you advise me please, where could i find some?

  • 토토사이트 추천

    Thanks for another great article. Where else could anybody get that type of information in such an ideal way of writing? I’ve a presentation next week, and I’m on the look for such information.

  • 메이저사이트

    Hi, Neat post. There’s a problem along with your website in internet explorer, could check this… IE nonetheless is the marketplace leader and a huge part of people will omit your excellent writing because of this problem.

  • 먹튀검증 커뮤니티

    Hey would you mind letting me know which web host you’re utilizing? I’ve loaded your blog in 3 different web browsers and I must say this blog loads a lot faster then most. Can you suggest a good internet hosting provider at a honest price? Cheers, I appreciate it!

  • Crime Mob

    I carry on listening to the news update talk about getting boundless online grant applications so I have been looking around for the best site to get one. Could you tell me please, where could i acquire some?

  • w88.com

    Thank you for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more clear from this post. I’m very glad to see such great info being shared freely out there.

  • alnico magnets

    Great blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as fast as yours lol

  • graphic tees

    Heya i am for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.

  • Tworzenie Strony Gorzow

    hello!,I love your writing so so much! share we communicate extra approximately your article on AOL? I need a specialist on this area to resolve my problem. May be that is you! Having a look forward to peer you.

  • 메이저사이트

    I do not even know how I ended up here, but I thought this post was great. I don’t know who you are but definitely you’re going to a famous blogger if you are not already 😉 Cheers!

  • obat kuat

    I do accept as true with all the ideas you’ve offered for your post. They’re really convincing and can certainly work. Nonetheless, the posts are very quick for starters. Could you please lengthen them a little from subsequent time? Thank you for the post.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer