Personal Injury News

"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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January 2014

ICBC’s Chiropractic Treatment Program in Best Interest of Personal Injury Claimants?

As a personal injury lawyer in BC since 1995 I have witnessed the evolution of chiropractic care from an uncommon and alternative form of treatment to a designated health profession used by the mainstream public. I have also been keenly aware of ICBCs changing policy when it comes to funding Chiropractic care for car accident…

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$300,000 Personal Injury Settlement Offer Rejected- $250,000 repayment Ordered

This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…

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ICBC Injury Claimant to Pay Double Costs after Rejecting $275,000.00 Offer to Settle

The personal injury award following a 25 day trial in this ICBC gets double costs case(Minhas v. Sartor,2014 BCSC 47) was $76,653.00, much less than the $3 million sought by the claimant and the $275,000 offered by ICBC before trial.  The judge, in one of the first times in BC legal history, has awarded ICBC…

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Brain Injury after a Personal Injury- What Does a Normal MRI Mean?

Following a car accident or other personal injury in which a person has hit their head, been rendered unconscious, or has experienced an altered state of consciousness,  Magnetic Resonance Imaging ( MRI) may be ordered to rule out serious brain injury.  Most personal injury lawyers want to understand however whether  having a normal MRI means…

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Personal Injury Award Reduced due to Failure to Attend Treatment

In this failure to mitigate personal injury case(Maltese v. Pratap,2014 BCSC 18) the car accident occurred on Hastings Street in Burnaby after the claimant was  driving home from a Vancouver Canucks hockey game.  Another vehicle failed to stop and  struck the passenger side of the claimant’s vehicle in a T-bone fashion. The Claimant suffered neck and lower…

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First Personal Injury Case of the Year Conflates Causation with Damages?

In this first reported personal injury case of 2014 the judge awarded the claimant $100,000.00 for pain and suffering and reduced it by 40% to $60,000.00 reflecting that only 60% of her ongoing complaints and symptoms were caused by the car accident, with the balance attributable to her pre-existing condition.(Raikou v. Spencer,2014 BCSC 1). The judge…

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Personal Injury Lawyer Confronts Witness But Judge Denies Loss of Business Claim

In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…

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