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aggravation of pre-existing condition

$75,000 Pain and Suffering Award for Aggravation of Prior Condition

In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome.  The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded that there was a “but for” causative link between either of the subject accidents and…

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ICBC Must Pay Benefits Despite Prior Neck and Back Pain

This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance  Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that ICBC must prove that but for the pre-existing condition, the Claimant would not have become totally disabled(Kozhikhov…

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Legal Analysis for Multiple Car Accident Whiplash Claims

This ICBC personal injury claim arose out of two rear-end motor vehicle accidents.  The claimant  was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…

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$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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