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Personal Injury News

January 2017

$120,000 2x for Pain, Suffering and Future Income Loss

Two motor vehicle accidents are treated as one ICBC injury claim in today’s personal injury case review. In the first car accident the claimant was rear ended by a vehicle travelling at approximately 60 km/h at King George Highway and Highway #10 located in Surrey, British Columbia. The claimant’s vehicle was damaged and written off…

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ICBC Denied Costs Despite Dismissal of Injury Claim

When an ICBC claimant is injured in two car accidents and is at fault for the first, how does the court deal with costs? Here is what the court did recently in Brach v. Letwin,2017 BCSC 101, a Fast Track case: the claimant was not entitled to recover his disbursements where they were solely attributable to…

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Disability Insurer Must Pay Full Legal Fees for Claimant

In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The Supreme Court Judge came to this conclusion based on the following considerations: a) The claimant had…

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What to do if ICBC Makes an Offer to Settle

If an ICBC offer is made after an auto accident first get the offer in writing and second confirm the deadline. Understanding offers of settlement is ephemeral for most people but personal injury lawyers gain an enduring knowledge of the ICBC settlement process. It does not matter whether it is the first, second, third or fourth offer…

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Injury Claimant Without Lawyer Crushed at Trial

ICBC claimants always ask me whether they need a lawyer for their injury case. This personal injury claimant  did not have the assistance of a personal injury lawyer at his trial which involved two car accidents. He was found to be totally at fault for one accident and awarded $60,000 for the other. The claimant did…

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Bus Driver Negligent on Circumstantial Evidence

In a case of bus driver negligence causing injury, the Court of Appeal has dismissed the appeal of ICBC and Translink, finding the circumstantial evidence adequate to infer negligence (click here for Benavides v. ICBC, 2017 BCCA 15). However, the Court of Appeal sidestepped the real underlying issue: should public carriers be under a stricter test of…

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Prior ICBC Settlement not Deducted from Injury Award

Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves  a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”).  Should the claimant be awarded a global amount…

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ICBC Claims Made for the Injured

So much has been written about how to make an effective personal injury claim with ICBC, key steps to the claim are often overlooked.  Personal injury lawyers that have made hundreds or thousands of injury claims have the experiential knowledge to utilize three keys steps to starting any ICBC injury claim. Without effective advocacy for victims of personal injury…

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How Much ICBC Pays for Whiplash Injury Claims

There are two types of losses, or damages, that can be claimed following a car accident whiplash injury in which the claimant is not at fault. First, Pecuniary damages for income loss and calculable out of pocket expenses. Second, Non-pecuniary damages to compensation for pain, suffering and loss of amenities and loss of enjoyment of…

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Apology at Car Accident Scene Not an Admission of Liability

This first personal injury case of 2017 is a classic example how various witnesses to a car accident will remember the circumstances differently.  This is also an unusual ICBC rear end crash in which the person hitting the other from behind is found 75% at fault. As Supreme Court Judge Griffin pointed out: Even honest witnesses will…

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