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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September 2016

Claimant Without Lawyer Bungles Dine and Dash Injury Case

This personal injury case was raised from the dead by a rather direct referral to Access Pro Bono by Madam Justice Bennett allowing the claimant to obtain important free legal advice.  The lawyer from Access Pro Bono agreed to continue to act for the unrepresented claimant and the appeal was reinstated. The claimant was indigent and did not…

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Progressive Loses Subrogation in Personal Injury Claim

Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…

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Injury Claim Made with ICBC in Three Steps

ICBC personal injury claims can become complicated to even the most experienced lawyers. After 21 years making ICBC injury claims as an injury lawyer I would like to share a few important tips to make your claim process easier. If you want to be covered for your injury claim here are three steps you absolutely need…

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Father Awarded $135,000 against Daughter for Defamation

Ungrateful children can sometimes cross the line with parents but in this case posting untrue accusations of pedophilia cost this child $135,000 (Z. v. Z.,  2016 BCSC 1730). False allegations regarding sexual misconduct with a minor are among the most serious and egregious allegations that one person can make against another, said the Supreme Court.  The…

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ICBC Loses over a Glare of the Eye

Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373).  Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…

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$135,000 Pain and Suffering Award for Somatic Symptom Disorder with Chronic Pain

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…

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Injury Victim Failed to to Use Antidepressant Medication and Loses 50% of Claim

In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…

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ICBC Intentionally Abuses Process in Personal Injury Case

ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…

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