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Injury Claimant Without Lawyer Crushed at Trial

No Lawyer in the Ring

No Lawyer in the Ring

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 not quantify his damage claim under any heads of damage either in his opening statement or closing submissions.

 At two trial management conferences he was urged to seek a personal injury lawyer either to represent him or to give him advice about the various procedural steps necessary to present his case. At the commencement of trial the judge asked him whether he was seeking an adjournment to get a lawyer and he advised that he was not and just wanted to get the trial over with (click here to review actual case Uppal v. Chung,2017 BCSC 80).

The claimant did not file any expert reports or call any expert medical evidence to support a causal connection between his injuries and either of the two motor vehicle accidents. As stated by the judge, “absent an expert report from a medical practitioner, clinical records may only be considered for limited purposes.”( check out Seaman v. Crook, 2003 BCSC 464 at paras. 14 – 15)

The first car accident occurred  on the Alex Fraser Bridge. The claimant was travelling from his workplace in Richmond to his home in Surrey. He led no evidence to support an award of special damages, cost of future care or future loss of income.

The second car crash was found to be his fault as there was no evidence lead that the other driver was speeding.

At trial, after hearing the claimant opening statement and evidence, and on learning that he was not calling any medical evidence, ICBC’s lawyer advised that she would not be calling any experts. The problems of proof were exacerbated in this case as the claimant  called no expert medical evidence to support his subjective evidence.

Finally, the claimant led no evidence and made no arguments to substantiate his claim of negligence on the part of Sovereign Vehicle Leasing Ltd. or Seven Horses Transport Ltd., so his claims against them were dismissed.

Do I need a lawyer for my ICBC injury claim? Let the case speak for itself.

Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: Find Lawyers, Hire an Injury Lawyer, hire personal injury lawyer

2 responses to Injury Claimant Without Lawyer Crushed at Trial

  • Litigant Without Lawyer Ordered to Pay ICBC Costs | Holness Law Group

    March 10, 2017 5:44am

    […] The fact that the claimant was self-represented was not the defendants’ fault said the judge. While self-representation is a factor the court may consider, it does not exempt a person without a lawyer from the application of the Civil Rules of Court ( click here to read our review of the trial decision litigant without lawyer crushed) […]

  • Daryl

    January 27, 2017 8:50pm

    Always look for a lawyer who will give you all of the legal benefits. Personal injury lawyers are legally permitted to do a variety of things. These include investigating your case, drafting legal documents, giving you legal advice, and represent your case in court. A lawyer who will not provide you with all of the legal benefits is not worth your time.

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