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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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April 2016

ICBC Refuses to Pay Punitive Damage Award before Appeal

ICBC, in this personal injury case, having been ordered to pay almost $400,000 in punitive damages for reprehensible conduct, wins a stay in the payment pending their appeal (Arsenovski v. Bodin,2016 BCCA 178). This ICBC injury case involved a car accident which occurred at the intersection of Nelson Avenue and Imperial Street in Burnaby. The claimant pedestrian was…

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$115,000 Pain and Suffering Award for Soft Tissue Injury and Chronic Pain

Another walloping to the auto insurer ICBC as they seem to continually refuse to make reasonable offers of settlement. The Court has awarded $411,158.00 after a 2 week trial in Vancouver to a  claimant involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C. (Biefeld v. Neetz,2016 BCSC 689). As a result…

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$170,000 Pain and Suffering Award for Depression and Chronic Pain

This injury claimant was awarded almost $1 million after suffering chronic pain injuries from a car accident. The accident occurred at the intersection of Fraser Street and 41st Avenue in Vancouver. The claimant’s vehicle was in the dedicated left turn lane and the defendant, intending to drive to the front of the left turn lane to…

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66 Year Old Entitled to Vocational Assessment after Car Accident

This was an assessment of the injury claimant’s bill of costs in a personal injury action that was settled at a mediation some three and a half months before the trial. The issue was whether it was reasonable to incur the cost of a vocational assessment when the claimant was already at the age of retirement…

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ICBC Still not Making Reasonable Offers to Settle

ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems to have turned to “firmly unfair” thanks to ICBC. In the most recent case of Sebaa…

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$40,000 to $50,000 Infant injury Awards for Pain and Suffering

  Here are two British Columbia ICBC case examples to help understand how to value an award for pain, suffering and loss of enjoyment of life for children injured in a car accident suffering neck, shoulders and back injury, PTSD, and severe anxiety. $40,000.00 2014 BCSC 262 (B.C. S.C.)- The infant plaintiff,10 years old at the…

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$175,000 Pain and Suffering Award for MTBI and Somatoform Disorder

Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…

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Personal Injury Claimant Trumps Medical Expert Testimony

The Supreme Court of BC awarded this chronic pain claimant $115,000 for pain and suffering but complained about the manner of calling the expert evidence in this personal injury trial. After the injury claimant commenced her evidence on the first morning of the trial, a medical expert was called as a witness the first afternoon.  Another medical expert was…

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What to Look After – a Car Accident in British Columbia

Acting correctly after a car accident can be difficult when your senses are not working properly. I have been a personal injury lawyer in Vancouver for over 20 years and I’d like to share with you 3 top things to do after a car accident in BC: First, seek medical attention – Triage by hospital staff will…

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$25,000 for Pain and Suffering Despite Chiropractic Injury

Although the claimant’s injuries were exacerbated as a result of  chiropractic treatment this did not break  the chain of causation. “The chain of causation will be broken where an intervening event, rather than the defendants’ conduct, is considered the proximate or legal cause of the subsequent injury.  This principle, known as novus actus interveniens, recognizes that defendants…

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