Monthly Archives: May 2015

Rescuer’s Claim Dismissed as Rescue Must be Motivated by Peril

  when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that … Continue reading

Neck Injury Award of $75,000 for Permanent Pain and Suffering

After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault … Continue reading

Offers to Settle Considered after 50% Fault for Car Accident

There were  two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000.  The defendant offered to settle for … Continue reading

Who Should Report a Hit and Run Accident

In this hit and run personal injury case ICBC disputed that the claimant had made all reasonable efforts to find the fleeing driver, as is legally required in British Columbia. The Supreme Court however found that the claimant acted reasonably … Continue reading

Failure of Expert to Testify Weakens Personal Injury Claim

Successful ICBC personal injury claims require expert medical opinions, especially  in the Supreme Court of British Columbia.  As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer … Continue reading

Future Income Loss More Elusive in Personal injury Claims

Determining an amount for future loss of income for ICBC injury claimants just got harder as the Court of Appeal overturns a future loss income award. No new law was created but the Court of Appeal was of the view that … Continue reading

Hiring an Experienced Out-of-Town Injury Lawyer Proper Cost says Court

This personal injury case addressed the issue of hiring an out of town personal injury lawyer (Miley v. Abulaban, 2015 BCSC 720 ).  The claimant has the right to chose to hire a lawyer based in Vancouver, or anywhere in the Lower … Continue reading

ICBC Settlement Money and Divorce – Does your Spouse get Half?

Settlement money for pain and suffering awards are excluded from family property division in British Columbia so your ex-wife or ex-husband is not entitled to half. However, it is critically important in a family law proceeding to have evidence and demonstrate to … Continue reading

Report Accident to ICBC with a Lawyer VS. Without a Lawyer: Is there a Difference?

When it comes to an ICBC report many people ask,”What’s the difference between an ICBC report with a lawyer and an ICBC report without a lawyer . Some people think that if you have nothing to hide you shouldn’t need … Continue reading