Limb Injury

Cocaine Use After Car Accident Reduces Injury Award

This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC  approaching a … Continue reading

$3 Million Award for Dirt Biker Injured by All-Terrain Vehicle

A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and … Continue reading

Injury Claimant not Required to have X-ray

The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada … Continue reading

$40,000 Awarded for Loss of Homemaking Capacity

This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. … Continue reading

$95,000 Pain and Suffering Award for Wrist Injury- Re-open Trial Refused

This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue … Continue reading

ICBC Thwarts Summary Trial in Hit and Run Injury Claim

In this continuing personal injury saga the claimant’s  left foot and ankle were struck by a rolling mounted truck tire from an unidentified vehicle, while he was riding a motorcycle on Highway 1 near Chilliwack, British Columbia(Walker v. Doe, 2014 BCSC … Continue reading

ICBC Injury Adjuster Suggests Concocted Complaints But Claimant Beats Offer to Settle

The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 … Continue reading

Settlement of Injury Claim Leads to Dispute over Medical Report Cost

After the settlement of a car accident  injury claim the costs of medical examinations and reports, if the settlement terms allow, can be put in dispute. In this reasonable expenses part of settlement case (White v. Reich, 2013 BCSC 1234) … Continue reading

Personal Injury Claimant Without Lawyer Misses ICBC Offer of Settlement

When to refuse an ICBC offer of settlement, was a topic discussed in the trial judges decision and this is the personal injury claimants self appeal to the BC Court of Appeal(Gatzke v. Sidhu, 2013 BCCA 261) . The the … Continue reading

$75,000 Award for Pain and Suffering Reduced for Ignoring Medical Advice

How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced  by the court for not following medical treatment. In this case, after suffering a car accident injury … Continue reading