Personal Injury News

"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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Chronic Pain Syndrome

$100,000 for Psychological Injury- Aggravation of Stuttering Condition

The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…

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The Right to Die and ICBC Death Benefits- End of Life…Insurance

BC auto insurer, ICBC, must decide what happens to death benefits and survivor  insurance if a person chooses to have a doctor assist ending their life as a result of a catastrophic injury. Will  ICBC death benefit insurance be excluded even if  death would have occurred within the policy term anyway? Will ICBC pay for assisted death…

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Judge Awards over $650,000 for Chronic Myofascial Pain

In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000.  ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…

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$35,000 for Pain and Suffering Despite Prior Pain Condition

This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…

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$100,000 Award for Pain and Suffering in Chronic Headache Case

Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent.  The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600)  was injured in a car accident when she…

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Settlement Offer Beaten and Claimant Awarded Double Costs

This successful personal injury claimant was awarded double costs of all steps taken in the lawsuit following an offer to settle he made in the week before the trial (Ostrikoff v. Oliveira,2014 BCSC 842). In ICBC personal injury cases additional costs can be awarded to a party if they beat a reasonable offer made before the…

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$140,000 Award for Pain and Suffering with no Income Loss

Money compensation from ICBC and other insurance companies for pain and suffering should be dictated by the amount claimants are able to obtain under the law. In this car accident case the personal injury claimant was driving along Jacklin Road near Sooke Road in Victoria, B.C. when another car struck her right rear section while exiting a…

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Car Accident Victim Awarded Life Long Yoga Membership

Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The  Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…

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$300,000 Personal Injury Settlement Offer Rejected- $250,000 repayment Ordered

This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…

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Personal Injury Award Increased to $390,000 for Loss of Future Earnings

This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following  Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…

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