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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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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How to Settle My ICBC Injury Claim

December 5, 2013- This is only a problem if you do not have a lawyer because a personal injury lawyer’s job is, in part, to negotiate and settle your case. It is like asking “how do I fix my car?”, there are a lot of manuals and training courses out there to help you become…

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We Won the Personal Injury Case Right? The Court Significantly Reduces Jury Award

July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a…

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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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Personal Injury Claimant Awarded $173,533 despite Defence Doctor’s Opinion of No Significant Injury

In this ICBC doctor personal injury case (Raun v. Suran,  2010 BCSC 793)the claimant was injured in a violent rear-end motor vehicle collision July 12, 2005.  ICBC on behalf of the at fault driver admitted liability for the collision but assessed the case as being worth little more than $18,000.00. Defence counsel had the injury claimant assessed…

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Claimant Argumentative and Court Concludes He Appears to have Exaggerated his Injuries

Bortnik v. Gutierrez, 2010 BCSC 856 June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the…

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ICBC Forced to Pay $900,000 for Loss of Earning Capacity in Car Accident Injury Claim

This car accident injury claimant was seeking compensation from what she said was a very severe impact on her life due to her car accident injuries (Shapiro v. Dailey, 2010 BCSC 770). These injuries were soft tissue type injuries that developed into persisting chronic pain syndrome, fibromyalgia, myofascial pain, anxiety/panic disorder, depressive symptoms, post-traumatic stress disorder, thoracic outlet syndrome, and associated physical, emotional…

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Previous Injury Causes Court to Reduce Award

Rhodes v. Biggar,2010 BCSC 762 June 6, 2011- This case has only been referred to once and has not to date been overturned. The central issue in this personal injury case was to assess the extent and effect of the injury claimant’s injuries caused by the car accident. The claimant had an extensive pre-existing medical history relating…

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Chronic Pain Survivor Wins Her Appeal

  This successful personal injury case appeal(Poirier v. Aubrey, 2010 BCCA 266) has been referred to and considered by the Supreme Court more than 6 times since I first wrote this post and it has not been overturned.  The injury claimant suffered soft tissue injury in a car accident  which led to the development of chronic pain . Her…

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Low Velocity Impact Injury Claimant gets Court Award of $192,000.00

Gignac v. Rozylo, 2010 BCSC 595 This was an ICBC personal injury claim resulting from a relatively minor car accident. The injury claimant testified that he was in a line of traffic waiting for the change of a traffic signal and the other vehicle plowed into the rear of his car. His car suddenly lurched forward…

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