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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

Traumatic Brain Injury found despite No loss of Unconsciousness Alleged in Injury Claimant’s ICBC Statement

Despite the ICBC statement the judge concluded that the claimant probably blacked out or was rendered unconscious for a fraction of a second or mere seconds before finding himself straddling his bike or beside his bike. The judge went on to find that, ” that it is more likely than not that the plaintiff did suffer an extremely mild traumatic brain injury…

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Traumatic Brain Injury found despite No loss of Unconsciousness Alleged in Injury Claimant's ICBC Statement

Despite the ICBC statement the judge concluded that the claimant probably blacked out or was rendered unconscious for a fraction of a second or mere seconds before finding himself straddling his bike or beside his bike. The judge went on to find that, ” that it is more likely than not that the plaintiff did suffer an extremely mild traumatic brain injury…

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$1.125 Million Dollar Injury Award Upheld Despite Prior Head Injury

      September  8, 2010- In this unchallenged brain injury claim  The 22 year old ICBC injury claimant  suffered a brain injury 8 months before the car accident  in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage…

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Injury Claimant Awarded $5.9 Million for Dance Club Injury-ICBC Only has to pay $10,000.00

Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 August 13, 2010- In this case the injury claimant was a lawyer  involved in two accidents, a fall in a Vancouver nightclub, Bar None, and a motor vehicle accident that occurred one year later . The court found that the claimant suffered a mild traumatic brain…

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Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age.  In the case of Ha v. Fritzke  , still good…

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Injured Cyclists with no Helmet- Does Wearing a Helmet Really Make a Difference?

Another cyclist was hit by a car  at 8th and Quebec in Vancouver and the  26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane.…

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ICBC Injury Claimant not required to Sign Medical Authorizations Says Judge

Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The  injury claimant was in a car accident that occurred  when she was two years old.  Her claim is  that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…

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Brain Injured Claimant Sent Back for New Trial Because of Conflicting Eyewitness Testimony

Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…

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No Reduction in Brain Injury Award Despite Previous Serious Car Accident Causing Brain Injury

Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…

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Car Accident Injury Claimant Awarded over $1.4 million for Brain Injury

  In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The…

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