Personal Injury News

"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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July 2016

$6,000 Limit for Whiplash Soft Tissue Injury Compensation?

No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. Howver, Accidents after April 1, 2019 may be subject to the 2019 ICBC Minor Injury Cap. ICBC is now allowed to call serious injuries minor to limit compensation.…

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Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…

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Start Your Claim With ICBC for Personal Injury

Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…

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Slow Overtaking on the Highway is now the British Columbia Standard

An annoyingly slow overtaking vehicle cannot be blamed for the bad driving of others. The Court of Appeal has ruled that the overtaking another vehicle as quickly as reasonably possible standard is now inappropriate in British Columbia ( Borgfjord v. Boizard, 2016 BCCA 317). The slow defendant, driving 25-30 kph under the speed limit, was in the far left lane…

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Motorcyclist Faulted for Hitting Volkswagen Beetle

Today’s motor vehicle accident case occurred in in Mission, BC between a motorcycle and a 1968 Volkswagen Beetle. The collision occurred as the claimant’s motorcycle attempted to pass the defendant’s vehicle on the left which was making a left turn ( Tabori v. Renaud, 2016 BCSC 1242).  Two separate statements given to ICBC adjusters by a witness were reviewed by the…

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Settlement Offers to ICBC in Fast Track Cases- Getting Double Costs

The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in pre-trial costs and $1,500 in costs for each day of trial. Where an offer to…

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Avoid Becoming a Hired Gun- Brain Injury Opinion Rejected Again

Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical colleagues without adequate justification; and (4) diagnose a condition in the same way they would…

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