Written by admin on . Posted in ICBC Knee Injury Cases, ICBC Psychological Injury Cases, ICBC PTSD Cases, ICBC Wage Loss, Uncategorized.
The short answer is yes. In BC, if a Defendant who negligently injures you can prove that the extent of your injuries would have been less if you took reasonable steps to ‘mitigate’ your loss then the value of your damages can be reduced accordingly. This principle of law is called ‘failure to mitigate’. Failure […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Headache Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
On Friday the BC Supreme Court released reasons for judgement in 2 cases dealing with soft tissue injuries which I summarize below to continue to grow this free database of ICBC Injury Claims Judgements. Additionally, both of these cases contain a useful analysis of Plaintiff credibiilty and are worth reviewing for anyone interested in this […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Examinations for Discovery in ICBC Claims are conducted for 2 primary reasons. The first is to learn about your opponents claim, the second, and perhaps equally important reason is to get admissions which can be used against your opponent should the claim proceed to trial. When a damaging answer from an examination for discovery is […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Very important reasons for judgement were released today by the BC Court of Appeal dealing with the duties of counsel when it comes to listing privileged documents in BC Supreme Court Lawsuits. In today’s case (Stone v. Ellerman) the Plaintiff was injured in a 2002 BC car crash. Her case proceeded to trial and she […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Reasons for judgment were released today by the BC Supreme Court awarding just over $40,000 in total damages as a result of injuries and loss sustained in a 2006 Richmond, BC Car Crash. In today’s case (Lo v. Chow) the Plaintiff was injured when his vehicle was struck by the Defendants. Liability (fault) was admitted […]
Written by admin on . Posted in Civil Procedure, ICBC Brain Injury Cases, Uncategorized.
I recently posted on the potential for mistrials when counsel give their personal opinion in an opening statement to a jury. Today reasons for judgement were released by the BC Court of Appeal further discussing, amongst other topics, proper opening remarks by counsel in a Car Crash case. In today’s case (Moskaleva v. Laurie) the […]
Written by admin on . Posted in ICBC Wage Loss, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal increasing the award a Plaintiff received at trial for Diminished Earning Capacity (future wage loss). In today’s case (Pett v. Pett) the Plaintiff sustained serious injuries in a 2003 BC motor vehicle collision. The findings of fact made by the trial judge giving […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgment were released today by the BC Supreme Court dealing with 2 issues of interest to me, Costs consequences under Rule 66 and Rule 37B. In today’s case (Schnare v. Roberts) the Plaintiff was injured in a motor vehicle collision. The Plaintiff sued for damages under Rule 66. The Plaintiff made a formal […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Headache Cases, ICBC Shoulder Injury Cases, ICBC Soft Tissue Injury Cases, ICBC Spine Injury Cases, Uncategorized.
With the Canucks losing game 6 and the series to the Blackhawks I figured its a fitting time to write about Pain and Suffering Claims in BC. In the first case, Chan v. Kao, the Plaintiff suffered a left shoulder injury as a result of a 2006 motor vehicle collision. Mr. Justice Verhoeven had […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
ICBC Injury Claims tend to be record heavy. It is important to understand the types of records that are typically used in ICBC claims and how these records can be used. One of the most frequent records reviewed and used by lawyers involved in these cases are clinical records of treating physicians. These records can […]