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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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$100,000 Pain and Suffering Award for L4-5 Disc Protrusion

In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…

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ICBC Loses $1 Million Multiple Car Accident Injury Award Appeal

This appeal by ICBC from a $1 million personal injury award reiterates the old adage that a judge is entitled to accept all, some or none of a witness’ evidence. A judge is not obliged to identify and discuss every piece of evidence related to factual deliberations in reasons for judgment; nor are they required to…

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Thanksgiving Weekend Car Accident Results in $200,000 Award

For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…

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ICBC Argument for Full Settlement Deduction Blown Apart

A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three claims with the Minister of Justice but could not reach settlement with Insurance Corporation of…

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$70,000 Award for Soft Tissue Injury Causing Major Disruption

The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server at a bowling alley.The claimant said that the effects of her injuries forced her to…

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$70,000 for Pain and Suffering with Persistent Low Back Ache

After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities.  The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in comparable cases. However other personal injury cases, though helpful, serve only as a rough guide. In…

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$6,000 Limit for Whiplash Soft Tissue Injury Compensation?

No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. Howver, Accidents after April 1, 2019 may be subject to the 2019 ICBC Minor Injury Cap. ICBC is now allowed to call serious injuries minor to limit compensation.…

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Early Retirement Loss Awarded to 38 Year old with no Lost Income

This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan,2016 BCSC 908. The Supreme Court was convinced this personal injury claimant would not have considered retiring early had it not…

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$125,000 Pain and Suffering Award for Chronic Pain Syndrome

In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic…

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Headaches Diminish Ability to Operate Thriving Business and Results in Court Award

A personal injury award for loss of future earning capacity was awarded to this claimant despite his janitorial business continuing to be successful and thriving since the car accident in question(MacDonald v. Joseph,2015 BCSC 1461) The claimant was a 29 year old passenger when the head on car accident occurred on Vancouver Island. The airbags deployed in the…

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