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Brain Injury

Avoid Becoming a Hired Gun- Brain Injury Opinion Rejected Again

Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical colleagues without adequate justification; and (4) diagnose a condition in the same way they would…

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Dr. Holness Brain Surgeon Receives Lifetime Achievement Award

Dr. Renn O. Holness, has received the Canadian Neurosurgical Society’s (CNSS) Lifetime Achievement Award in recognition of his outstanding career and significant contribution to Neurosurgery. Dr. Holness attained the Gold Medal in the 1968 Bachelor of Medicine, Bachelor of Surgery, obtaining  Honours in Medicine and Surgery. Dr. Holness has saved numerous car accident victims from the catastrophic results of…

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$175,000 Pain and Suffering Award for MTBI and Somatoform Disorder

Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…

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$175,000 Pain and Suffering Award for Brain Injury with Normal MRI

Mild Traumatic Brain Injury (MTBI) can be difficult to diagnose after car accident. The Insurance Corporation of BC generally refuses to accept the existence of a MTBI and will fight these claims to the end. In this case ICBC hired Dr. Rehan Dost, Neurology. Dr. Dost was eager to assist the court in assessing the credibility of the claimant…

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$250,000 Loss of Earning Capacity Award in Rear End Accident Upheld

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings. To require the trial judge to say more than he did in this case would be to impose an impossible burden on trial judges (Fadai…

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Admitting ICBC Records Miscarriage of Justice in Personal Injury Case

The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…

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$160,000 Pain and Suffering for Mild Complicated Brain Injury

  Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…

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Credibility and not New Brain Science to Blame for Loss

After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…

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Maximum Injury Award for Pain and Suffering $351,000

The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower.  On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…

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