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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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British Columbia Personal Injury Law Blog

How Much ICBC Payouts are Worth

ICBC Injury Caps ICBC settlement payouts after April 1, 2019 have changed. Compensation for pain and suffering is limited to $5,500 for cases of minor injury. Learn right away whether ICBC will label you as a minor injury. The $5,500 cap does not apply to wage loss or case expenses. There are however other payout…

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Waiver Form No Bar to Injury Claim

This claimant signed a membership waiver before being injured in a jiu-jitsu competition. He claimed the Jiu-Jitsu Academy was negligent in allowing him to compete in a higher weight class. The defendants however denied negligence and relied on two signed waiver forms preventing this slip and fall claim. The first waiver form was part of…

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Get Legal Advice Before Calling ICBC Adjuster

Free legal advice after a car accident is available online. However, a single legal consultation does not replace hiring a lawyer. As a result, the initial consult should not be considered legal advice but rather legal information. This is called a free legal consultation. The First Legal Consultation There should be little or no charge…

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ICBC Minor Damage Defence Fails

This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…

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Experts Limited in Medical Malpractice

Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…

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Big Changes to ICBC Injury Claims

The 2019 changes to ICBC benefits not only affect car accidents after April 1, 2019 but also all accidents before April 1, 2019. These changes affect claims in different ways. Ask your ICBC adjuster to explain in writing how the changes to ICBC affect your claim for ICBC benefits. Take time to read and understand…

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Suing the Driverless Car

Canadians are starting to purchase vehicles that claim to reduce the burden of driving. Tesla claims to be selling, for example, vehicles with “full self-driving capability”. In addition, Tesla claims the Model 3 will recognize and respond to traffic lights and stop signs providing automatic driving on city streets. In the small print Tesla, However,…

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Getting to Injury Settlement with a Store

Injured while shopping in a grocery store or retail store can be embarrassing. However, slip and fall injuries can lead to serious life long disabilities. These cases often require handcrafted injury settlements, given the unique facts. Notwithstanding, there are three elements required to attain successful settlement of an injury claim against a store. Proving Duty…

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Informed Consent in Medical Malpractice

What is informed consent? In negligence, informed consent is essentially a duty of disclosure. A doctor meeting the right standard can still be found negligent if they don’t properly disclose the risks of treatment to the patient. Negligence versus Battery Lack of patient consent engages both the tort of negligence and the tort of battery.…

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