Personal Injury News

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British Columbia Personal Injury Law Blog

Driverless Shuttle to Service Toronto

Autonomous vehicle service will begin in Scarborough’s Rouge Hill By September, 2020. Bus accident injuries are rare compared to other modes of transportation so expanding bus service could reduce auto accident injuries. Mayor John Tory announced that ambassadors likely transit employees, would be on board assisting the public. The automated shuttle for 8-12 citizens are…

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Mistaken Diagnosis not Negligent

In this medical negligence case the claimant suffered a stroke from an undiagnosed condition which left her with brain damage and paralysis. She sued the pediatric neurologist that started treating her at age 13. She claimed the doctor fell below the standard expected of a reasonably competent Pediatric Neurologist. However, where a specialist physician follows…

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ICBC Rear End Injury Award in US Dollars

This whiplash claimant was awarded $110,000 for pain and suffering despite an ICBC assessment of $5,000. Insurance Corporation of British Columbia, ICBC, was the insurer of the guilty driver. The claimant was a passenger in a car that was rear ended. The defendants’ vehicle sustained no damage. There was minor damage to the claimant’s vehicle.…

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ICBC $450,000 Rear End Accident Award for Chronic Pain

Evaluating how much your ICBC injury claim is worth for chronic pain will now depend on the date of the accident. Attorney General David Eby has artificially defined chronic pain as a “minor injury” for accidents after April 1, 2019 to save ICBC money. Mr. Eby has clogged the courts by encouraging ICBC to low…

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$125,000 Nervous Shock Award for Accident Witness

The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…

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Assault not Fault of Store Owner

This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…

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ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…

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$5.85 Million Settlement Test Future Loss Rates

Loss of future income and cost of future care are often awarded in one lump sum in personal injury cases. A $5.85 million medical malpractice settlement  has tested the court rationale behind the discount rate on future losses. The Court of Appeal has reduced the award of $997,060 for investment management fees to $50,000.00. Defendant’s…

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