Written by admin on . Posted in ICBC Soft Tissue Injury Cases, Uncategorized.
A decision was released today by the BC Court of Appeal addressing personal injury lawsuits and Judges duties to address credibility issues in their reasons for judgement. In today’s case (Mariano v. Campbell) the Plaintiff was injured in a 2006 BC motor vehicle collision. The Plaintiff apparently suffered from chronic soft tissue injuries as a result of this […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
After a collision occurs it is not uncommon for the parties involved to disagree as to how the crash happened and who is at fault. If there are no independent witnesses to a crash it can be difficult to decide which version is more believable. When these cases go to trial it is vital to […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, Uncategorized.
As I’ve previously written, Plaintiff credibility plays an important role in most personal injury lawsuits. This is particularly true in soft tissue injury cases. Reasons for judgement were released today by the BC Supreme Court highlighting the impact that an adverse finding of credibility can have on a claim. In today’s case (Sarowa v. Gill) […]
Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
As I’ve previously posted, when Plaintiff’s sue for damages from soft tissue injuries sustained in so-called “Low Velocity Impacts” their credibility often plays a crucial role at trial. The simple reason for this is that without objectively verified injuries a Court must make a favourable finding to accept the Plaintiff’s evidence that they experienced pain […]
Written by admin on . Posted in ICBC Knee Injury Cases, Uncategorized.
Reasons for Judgement were released today by the BC Supreme Court addressing two noteworthy topics, the non-pecuniary damages for a right knee avulsion fracture with good resolution and the potential consequences of testimony which overstates the effects of an injury in an ICBC court case. In today’s case (Dodsworth v. Krenus) the Plaintiff was struck […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Litigants in the BC Supreme Court have to make pre-trial disclosure in a variety of ways. Some of this compelled disclosure may reflect poorly on a party’s credibility but if the documents or evidence is otherwise producible it must be disclosed to the other side despite the potentially harmful effects on your case. What about […]
Written by admin on . Posted in ICBC Chronic Pain Cases, ICBC Privacy Issues, ICBC Soft Tissue Injury Cases, Uncategorized.
(Update: December 14, 2011 – the below decision was upheld by the BC Court of Appeal in reasons for judgement released today) I’ve written on this topic a few times in the past. Surveillance in and of itself does not harm a Plaintiff’s ICBC Injury Claim. It’s when surveillance contradicts a Plaintiff’s testimony that the […]
Written by admin on . Posted in ICBC Soft Tissue Injury Cases, Uncategorized.
Reasons for judgment were released today by the BC Supreme Court, Prince George Registry, dealing extensively with Plaintiff credibility in ICBC Injury Claims. In today’s case (Willing v. Ayles) 2 Plaintiffs were involved in a 2005 crash that was described as a ‘significant rear end collision causing some significant physical damage to the vehicle occupied […]
Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases, Uncategorized.
When ICBC denies compensation for an injury claim due to their LVI Program the credibility of the Plaintiff is usually put squarely at issue. In Soft Tissue Injury Claims ICBC often challenges the veracity of the Plaintiff alleging that the injuries are being exaggerated or perhaps wholly made up. Reasons for judgement were transcribed today […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Whiplash Cases, Uncategorized.
Soft tissue injuries without objective signs are some of the most frequently litigated claims. One of the reasons why is because credibility plays a vital role in these claims and ICBC often challenges the credibility of Plaintiff’s alleging such injuries. Reasons for judgement were released on Friday by the BC Supreme Court, Vancouver Registry, dealing […]