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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Motorcyclist Found 60% at Fault for injuring a Jaywalking Pedestrain

Walter v. Plummer,2010 BCSC 1017 July 21, 2010- This motor vehicle accident case arising out of an accident between a motorcyclist and a pedestrian. The accident occurred shortly after 3 p.m. when the claimant, who was jaywalking across Rutland Road, was struck by a motorcyclist. It was sunny and the roads were dry. Mr. Walter…

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Injury Claimant Failed to Beat ICBC Offer and Court Orders her to pay over $40,000.00 to ICBC

Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…

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Injured Motorcyclist has His Claim Dismissed for Travelling too Close

Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010-  the injury claimant was riding his motorcycle  after spending time at a motorcycle show at the Tradex Centre near Abbotsford.  It was early afternoon, and the weather was clear and dry.  The claimant was travelling behind the car of the defendant, Benita Marshall.  The claimant said that Ms. Marshall stopped her…

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Find a Personal Injury Lawyer to State the Legal Basis of your Claim

  July, 14th, 2010-  As of July 1st, 2010 every personal injury claimant now has to state the legal basis of their claim in the Notice of Civil Claim filed in our Supreme Court.  With the change in the Court Rules lawyers in British Columbia are grappling with what a concise summary of the legal basis on…

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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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Injury Claim Against Chiropractor Dismissed Despite Judge Finding No Informed Consent

  Kern v. Forest,  2010 BCSC 938 July 28, 2011-   The Claimant  saw her family doctor complaining of left shoulder pain. Her family doctor referred her for chiropractic treatment and she was treated by two chiropractors.  After the treatments, the Claimant was diagnosed with spinal cord compression, caused by a herniated cervical disc.  A neurosurgeon performed a discectomy and removed the…

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ICBC Personal Injury Lawyers Left to Explain New Rules to Clients

July 28, 2011- New Civil Rules of Court came into effect July 1st, 2010 and court registries have set new protocols on  how the Rules work for personal injury lawsuit. The court registry is now a little more predictable. For example, back in July, 2010 I went to obtain dates for trial and dates for a  judge led conference…

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Failure to Visit Doctor Not Used Against Personal Injury Claimant

July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury.  This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…

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No Chronic Injury in Vancouver Car Accident Yet Judge Awards Money For Loss of Earning Capacity

  Co v. Watson, 2010 BCSC 950 July 26, 2011- At the intersection of Hemlock and Broadway in Vancouver, Ms. Co who was a passenger  was injured when another vehicle driven by Mr. Watson went through a red light and struck the passenger side of her vehicle.  The injury claimant suffered soft tissue whiplash type injuries to her neck,…

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