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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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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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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Injury Claim is Dismissed but Appeal Court Disagrees and Gives Claimant Another Day in Court

Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…

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ICBC Car Accident Case Rejects Last Clear Chance Analysis

Skinner v. Fu,2010 BCCA 321 The injury claimant rear-ended a vehicle when the other driver stopped without warning in the right lane of a highway. A personal injury claim from the car accident was originally dismissed by the court even though the trial judge found the driver that had stopped on the highway after hitting…

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No ICBC Insurance When Injured in Car Accident on a Service Road

July 4, 2011-This uninsured car accident (Pierre v. Miller, 2010 BCSC 812 ) occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argued that the Finlay Forest Service Road fell within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained…

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