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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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Brain Injury

$175,000 Pain and Suffering Award for MTBI and Somatoform Disorder

Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…

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$175,000 Pain and Suffering Award for Brain Injury with Normal MRI

Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…

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Admitting ICBC Records Miscarriage of Justice in Personal Injury Case

The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…

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$160,000 Pain and Suffering for Mild Complicated Brain Injury

  Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…

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Credibility and not New Brain Science to Blame for Loss

After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…

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Maximum Injury Award for Pain and Suffering $351,000

The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower.  On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…

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Teens and Youth Personal Injury Claims Concussion Guidelines

Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier.  Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…

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Traumatic Brain Injury Results in $2.5 Million Award for Teenager

This Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road  which resulting  in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…

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$700,000 Settlement Offer Rejected- Jury Awards $65,920.00 to Pedestrian

In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…

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Brain Injury after a Personal Injury- What Does a Normal MRI Mean?

Following a car accident or other personal injury in which a person has hit their head, been rendered unconscious, or has experienced an altered state of consciousness,  Magnetic Resonance Imaging ( MRI) may be ordered to rule out serious brain injury.  Most personal injury lawyers want to understand however whether  having a normal MRI means…

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