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Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries


Bortnik v. Gutierrez, 2010 BCSC 856
June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the front right-hand side, damaging the fender and right front wheel. ICBC admitted liability for the defendants.
The only witnesses were the injury claimant and Dr. Savchuk. Dr Savchuk only began treating the plaintiff one year before the subject accident but did not receive his prior medical records. And – it was clear he had no detailed knowledge of them.
The Court was prepared to accept that the claimant did suffer some minor whiplash injuries as a result of the car accident and awarded him $20,000 for pain and suffering. Posted By Mr. Renn A. Holness
Issue: How much information should a family doctor have in the medical file before writing a report?

Tags: Brain Injury, Elderly claimants, Pain and Suffering, Personal Injury

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