Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Knee Injury Cases, ICBC Soft Tissue Injury Cases, Uncategorized.
Adding to this “pain and suffering case-law database” reasons for judgement were released today dealing with damages for a knee injury and soft tissue injuries sustained in a BC Car Crash. In today’s case (Hill v. Durham), the Plaintiff was involved in a 2005 rear end accident. The Plaintiff was a passenger at the time […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Jury Trials, Uncategorized.
(Please note the case discussed in this post was overturned on Appeal, you can click here for an updated post and click hear to read the BC Court of Appeal decision) Reasons for judgement were released today dealing with costs consequences under Rule 37B. Although Rule 37B has some flexibility to its outcomes, normally when […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
Reasons for judgement were released today showing how an effective cross examination of a Defendant can make all the difference in the prosecution of an ICBC Injury Claim. In today’s case (Mclaren v. Rice) the Plaintiff was involved in a single vehicle accident in February, 2005. The Plaintiff was a passenger. The Defendant lost control […]
Written by admin on . Posted in Civil Procedure, ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.
ICBC Injury Claims can be record intensive. Every time you see your doctor, chiropractor, massage therapist, or other medical specialist they keep clinical records. These records often take down your subjective complaints, the physician’s objective observations, the physician’s assessment of the problem and the plan or treatment prescribed. These records, if addressing accident related […]
Written by admin on . Posted in Civil Procedure, ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Privacy Issues, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Further to my previous posts on the subject, reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, showing that the use of Facebook photos by Defence Lawyers is a trend that is becoming well entrenched in ICBC and other BC Injury Claims. In today’s case (Mayenburg v. Yu) the Plaintiff […]
Written by admin on . Posted in ICBC Brain Injury Cases, ICBC Dizziness Cases, ICBC Head Injury Cases, ICBC Headache Cases, Uncategorized.
When involved in an ICBC Injury Claim it is natural to want to know what the trial experience can be like. The best way to experience what the Court process is like is to actually attend a live trial and watch the evidence play out before you. This is easy enough to do, particularly in […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC LVI (Low Velocity Impact) Cases, ICBC Shoulder Injury Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
I’ve blogged many times about ICBC’s LVI program. This program is not unique to ICBC. Many auto insurers have a similar program where they deny compensible injury in tort claims where little vehicle damage occurs in the collision. The difficulty with the LVI defence, however, is that to successfully run it the defence lawyer is […]
Written by admin on . Posted in Civil Procedure, ICBC Back Injury (soft tissue) Cases, ICBC Headache Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Perhaps with the exception of the “failure to mitigate defence” the frequency of medical appointments attended by a plaintiff is not necessarily tied to the value of an ICBC tort claim. The value of a claim is largely tied to the severity of injuries and the impact of the injuries on a persons life. As […]
Written by admin on . Posted in Civil Procedure, ICBC Wage Loss, Uncategorized.
When a person is injured through the fault of another in British Columbia and suffers a past wage loss from an “under the table” job can that past wage loss be recovered in a personal injury action? The answer is yes, however, it is much more difficult to do so than in cases where past […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Headache Cases, ICBC Whiplash Cases, Uncategorized.
On Friday two more cases were released by the BC Supreme Court dealing with non-pecuniary damages which I summarize below to add to this Pain and Suffering database. The first case (Macki v. Gruber) dealt with a bus accident. The Plaintiff’s vehicle was struck by a Greyhound bus in Duncan, BC. Liability was contested […]