September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have occurred but for the second car accident. She accepted the evidence that the brain damage arising from the second collision was the cause of the injury claimant’s psycho-social injuries. ICBC intervened to represent the second driver and the driver failed to testify at the trial.
In the ICBC brain injury claim the trial judge concluded that the award for pain and suffering should be set at $125,000 on the basis that the Injury claimant’s enjoyment of life and his quality of life had been permanently and seriously altered. The claimant was awarded $500,000 for the cost of future care. He was also awarded $500,000 by the trial judge for the loss of his income earning capacity.
On appeal the Court of Appeal for British Columbia found that the second accident was more severe in its effects because of the seriousness of the first accident and the proximity of the second accident to the first. The ICBC Appeal was dismissed and the $1.125 million dollar trial award was upheld. Posted by Mr. Renn A. Holness
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.