Monthly Archives: March 2014

Shoulder Injury Award to Mechanic for Loss of Earning Capacity

The court awarded more than $300,000.00 to this heavy duty mechanic that suffered  injuries in two car accidents (Hong v. Wagner,2014 BCSC 373). Despite  considerable concern surrounding the reliability and credibility of the claimant’s testimony the medical evidence established that the … Continue reading

ICBC Claims Lawyer to Report Auto Accident

With legal assistance after a car accident being critical to the successful outcome of most Insurance Corporation of B.C. claims the lawyers at Holness Law Group report automobile crashes to ICBC. As a lawyer in Vancouver I often help by … Continue reading

Injury Claimant is “Successful Party” Despite Low Award

Personal injury lawyers in BC will want to take note that the Court of Appeal has reversed an award of trial costs as the judge was clearly wrong in finding that the defendants were successful. (Loft v. Nat,2014 BCCA 108). … Continue reading

Settlement Offer of $450,000 Should have Been Accepted

Personal injury lawyers are often faced with advising clients about offers of settlement. This, claimant gets awarded less than settlement offer case(Brewster v. Li,2014 BCSC 463) illustrates the modern approach BC Courts are taking to pre-trial offers of settlement. If … Continue reading

Slip and Fall Injury Dismissed due to Delay

In personal injury cases, including slip and fall injuries, claimants are expected to move the litigation along and to name all of the right people and companies in the lawsuit. This dismissal of slip and fall case for want of prosecution (Morice … Continue reading

ICBC Settlement Offer Deprives Claimant of Trial Costs

A $222,000 offer to settle a car accident injury claim was rejected and after a ten day trial a jury awarded $53,000. In light of the juries award the claimant was denied the costs of preparation and attendance at trial (Wafler v. … Continue reading

Blindness after Surgery Tragic but Coincidental

In this medical malpractice case (Chen v. Ross,2014 BCSC 374) the claimant underwent a Membrane Surgery to remove clouding and to peel scar tissue off the lining of the eye. After the surgery the claimant experienced dramatic loss of vision … Continue reading

Car Accident Award for Death of a Father Signals Change

The 3 year old claimant’s father was killed in a motor vehicle accident resulting in this Wrongful death award to daughter (Duncan v. Brown,2014 BCSC 153). Changes to the law now prevent ICBC and other insurance companies from avoiding a child’s … Continue reading

Best Vancouver Injury Lawyers- The Skinny on Credentials

As a personal injury lawyer in Vancouver since 1995 the top questions I still get asked before getting hired are about legal experience and fees.  In today’s article I want to address the credentials to look for when hiring a … Continue reading

Smoking Pot for Pain After Car Accident Required Treatment?

Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury … Continue reading