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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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August 2016

Egg Shell Personality Psychiatric Injury Claims

When it comes to psychological injury and psychiatric injury claims after a car accident a vulnerability to injury is not required if the emotional injury is proven as being caused by the collision. However, alternative but equally acceptable is the “egg shell personality” approach for individuals that may have suffered from prior psychological conditions in remission. One…

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How Much is Your Chronic Pain Case Worth- ICBC Feeling the Pinch

ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts.  ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…

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First Somatic Symptom Disorder Personal Injury Awards

Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases.  The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…

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Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…

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$85,000 Award for Moderate Soft Tissue Injury Pain and Suffering

The injury claimant was a passenger involved in a car  which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…

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ICBC Punished $155,000 for Failing to Disclosure Video of Claimant

ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…

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Jackie Small Succeeds in Obtaining Denied ICBC Benefits

Personal Injury Lawyer Jacqueline Small has forced ICBC to pay disability benefits denied for almost 6 years in a car accident injury case. This decision is a stinging indictment of ICBC’s systematic use of hired guns to deny legitimate disability benefits. The Supreme Court Judge called the opinion of ICBC’s doctor Sovio deficient. Dr. Sovio did not provide a clear…

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Checklist for Psychological Injury Claims

   Compensation for psychological and psychiatric injury is recoverable in British Columbia for victims of personal injury. The Supreme Court has dealt with psychological and psychiatric factors that overwhelm the physical injuries in numerous personal injury cases. In Agar v. Leonard,2016 BCSC 1430 the court has awarded over $900,000 to the claimant, $110,000 for psychological  pain and suffering. The…

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Injury Claimant Blamed for not Taking Anti-depressant Medication

Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…

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