Motor Vehicle Accidents

$212,000 ICBC Injury Settlement Ordered to be Paid by Drunk Driver

The victim of a drunk driving accident settled with ICBC by way of an all-inclusive payment by ICBC in the amount of $212,000.  The drunk driver responsible admitted the settlement was reasonable but denied being drunk and refused to repay ICBC … Continue reading

Loss of Use in Auto Accident Claims Clarified by the Court of Appeal

This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a … Continue reading

When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was … Continue reading

Google Earth to be an Important Tool in the Injury Lawyers Toolkit

Unquestionably one of the most compelling destination compendiums of our planet,  Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction.  The future is bright for this mother of all Earth browsers, … Continue reading

Credibility Issue no Bar to Summary Trial in Personal Injury Case

This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed … Continue reading

Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to … Continue reading

$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims … Continue reading

Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid … Continue reading

Left Turning Vehicle at Fault in Classic Legal Analysis

Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for … Continue reading

Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did … Continue reading