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Personal Injury News

2016

The Most Important Personal Injury Cases of 2016

How many of these cases have you read? Personal Injury law evolves through changes in the common law application of accepted legal principles as well as legislative change and interpretation. This article focuses on changes in the common law and legislative interpretation in BC, not new legislation, of which there was very little in 2016…

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Best Lawyer for ICBC Claims

Your ICBC injury claim’s worth and the steps to win successfully are best determined by a legally trained expert that has dealt with ICBC and settled hundreds of personal injury cases.  An experienced personal injury lawyer, like a trained medical doctor, can identify the problems, employ solutions, make referrals, and professionally assess and quantify future events within…

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First Steps to Brain Injury Recovery Following a Car Accident

Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…

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Evidence Needed to Prove Loss of Earning Capacity

Helping understand loss of earning capacity claims in BC in today’s personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light.  The light turned green and the defendant lifted his foot from the brake of his car, and his car began to roll forward. He did not…

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Awarded 2 Years of Future Income Loss – The Capital Asset Approach

The Honourable Mr. Justice Skolrood in Kweon v. Roy,2016 BCSC 2305  is the source of today’s article about evaluating loss of income in ICBC personal Injury claims. In Kweon the ICBC claimant was awarded $165,000 for Loss of future earning capacity and $175,000 for pain and suffering. The Court of Appeal in Ibbitson v. Cooper, 2012 BCCA 249…

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A Checklist for Future Loss of Earning Capacity Claims

The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…

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ICBC Second Medical Examination Refused by Court

The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits.  The defendant then wanted the claimant to attend  a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…

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Dismissal of Jury in Personal Injury Case Part of the Final Order

  This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half truths in her testimony about the car accidents and her injuries. This was in itself…

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ICBC Dial a Claim Phone Number Used to Record Statements

After a car accident a phone call to the ICBC dial a claim number at 604-520-8222 or 1-800-910-4222 will result in an internal ICBC report being created called a CL-75. As displayed in the following case, these reports to ICBC can be used to impeach claimants and witnesses about the details of the accident. Watch our…

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