BC INJURY LAW – Page 27 – The MacIsaac Group of Law Firms

$140,000 Non-Pecuniary Assessment for “Severe” Ankle Fracture

Written by ERIK MAGRAKEN on May 23, 2019. Posted in ICBC Ankle Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a severe ankle injury.

In today’s case (Chau v. Pereira) the Plaintiff was struck by a vehicle while walking in a marked crosswalk. The Defendant denied liability but was found fully responsible at trial. The crash resulted in a severe ankle injury with post traumatic arthritis that was expected to deteriorate to the likely stage of needing fusion or joint replacement. In assessing non-pecuniary damages at $140,000 Mr. Justice Baird provided the following reasons:

$200,000 Non-Pecuniary Assessment For Disabling Chronic Depression and PTSD

Written by ERIK MAGRAKEN on May 23, 2019. Posted in ICBC Psychological Injury Cases, ICBC PTSD Cases.

Reasons for judgement were published this week by the BC Supreme Court, New Westminster Registry, assessing damages for chronic and disabling psychiatric injuries.

In the recent case (Gill v. Aperdoorn) the Plaintiff was injured in a 2015 collision. The Defendant admitted liability. The crash resulted in severe depression and PTSD. The injuries were disabling and the prognosis for further improvement was not optimistic. In assessing non-pecuniary damages at $200,000 Madam Justice Gropper provided the following reasons:

Slip and Fall Claim Succeeds After Plaintiff Injured on Wet Boardwalk

Written by ERIK MAGRAKEN on May 15, 2019. Posted in ICBC Knee Injury Cases, Occupier's liability claims.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, addressing fault and damages for a fall a Plaintiff sustained while walking on a wet boardwalk.

In today’s case (Owens v. Steveston Waterfront Properties Inc.) the Plaintiff fell and broke her right kneecap in an incident described as follows:

$70,000 Non-Pecuniary Assessment for Partly Limiting Chronic Pain

Written by ERIK MAGRAKEN on May 14, 2019. Posted in ICBC Chronic Pain Cases, ICBC Soft Tissue Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic pain with partial limitations arising from a vehicle collision.

In today’s case (Rabiei v. Oster) the Plaintiff was involved in a 2016 collision. The Defendants accepted fault. The crash resulted in various soft tissue injuries resulting in chronic pain in the plaintiff’s neck, back and shoulder. These injuries resulted in some impairment in the Plaintiff’s ability to work and also impacted activities outside work. Full recovery was not expected. In assessing non-pecuniary damages at $70, 000 Madam Justice Adair provided the following reasons:

Cyclist Struck in Marked Crosswalk Found 100% at Fault for Crash

Written by ERIK MAGRAKEN on May 10, 2019. Posted in ICBC Liability (fault) Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, dismissing a personal injury claim involving a cyclist struck by a vehicle.

In today’s case (Dhanoya v. Stephens) the Plaintiff cyclist rode into a marked crosswalk without stopping and was struck by a vehicle. The Court found the cyclist was fully at fault for the collision and had the cyclist kept a proper lookout the collision could have been avoided. In finding the cyclist solely liable Madam Justice Dillon provided the following reasons:

$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.