Monthly Archives: August 2015

$125,000 Pain and Suffering Award for Chronic Pain Syndrome

In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to … Continue reading

Claimant Must Pay ICBC Legal Fees for Failure to Accept Settlement Offer

When this personal injury decision came out awarding $36,042.30  I called it A Case Study into What Not to Do in an ICBC Injury Claim. The ICBC claimant had sought an award of damages exceeding $2 million and after 33 days in trial almost all of … Continue reading

Headaches Diminish Ability to Operate Thriving Business and Results in Court Award

A personal injury award for loss of future earning capacity was awarded to this claimant despite his janitorial business continuing to be successful and thriving since the car accident in question(MacDonald v. Joseph,2015 BCSC 1461) The claimant was a 29 year old passenger … Continue reading

Hiring a Lawyer is Important to a Personal Injury Claim Explains Judge

In the following personal injury case the claimant represented herself against a horse-riding business offering guided trail rides to customers. The claimant  fell off a horse that she had rented while on a trail ride led by one of the guides (Starrett v. Campbell,2015 … Continue reading

Annuities for Personal Injury Awards may Trigger Child Support Payments

If you settle an injury claim with ICBC after a car accident, and receive lifetime payments from an annuity, should those payments be considered income for the purpose of child support payment obligations? We help answer that question in the … Continue reading

Summary Trial Judge Finds Altered Trailer Caused Accident

This personal injury lawsuit arose from a motor vehicle accident which occurred when a trailer swayed in the wind and broke off injuring the claimant. This was a successful application by the claimant pursuant to Rule 9 – 7 of the Supreme Court … Continue reading

Police have no Duty to Warn of a Suicidal Car Chase

The Court of Appeal has allowed an appeal of a police offer found 20% at fault for injury and death caused by a suicidal individual who drove his vehicle into oncoming traffic killing himself and the other driver (Bergen v. Guliker, 2015 BCCA 283). … Continue reading

Patient Confidentiality in ICBC Injury Claims

In British Columbia it is assumed that every personal injury claimant is entitled to the confidentiality implicit in his or her attendance in a physician’s examining room and protection of his or her privacy on a personal matter, absent serious concerns relating … Continue reading