Monthly Archives: February 2014

Settlement Agreement Upheld in Summary Trial

The Court of Appeal of BC has upheld the awarding of over $400,000.00 for breach of a settlement agreement(2014 BCCA 66) despite the argument that the dispute should not have been dealt with by way of summary trial due to conflicts within … Continue reading

Personal Injury Award Reduced as no Realistic Possibility of Loss

After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”.  Personal injury lawyers have long been trying to put some logic to … Continue reading

ICBC Injury Adjuster Suggests Concocted Complaints But Claimant Beats Offer to Settle

The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 … Continue reading

$85,000 Injury Award for Pain and Suffering Reduced for Degenerative Spine

The medical consensus was that the car accident victim had pre-existing degenerative changes of the lumbar spine which pre-dated the two motor vehicle accidents in question.  The issue was to what extent the injury claimant may have suffered chronic low … Continue reading

Car Accident Victim Awarded Life Long Yoga Membership

Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The  Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future … Continue reading

2015 Settlement Negotiations for the Personal Injury Lawyer

Being ahead of the curve when it comes to anticipating changing interests on the other side of an injury claim can lead to profound improvements in your negotiating as a lawyer. Potential personal injury clients are also well aware of … Continue reading

$700,000 Settlement Offer Rejected- Jury Awards $65,920.00 to Pedestrian

In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The … Continue reading

Pedestrian in Crosswalk found 20% at Fault for her Brian Injury

In this crosswalk personal injury occurring in Port Coquitlam (Paskall v. Scheithauer,2014 BCCA 26) the jury found a pedestrian twenty percent fault for her fractured her skull and traumatic brain injury after attempting to cross at a  marked crosswalk. The verdict was upheld … Continue reading