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Elderly claimants

70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work

This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia  and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her age and injury she was able to return to work on a full-time basis, for nearly…

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$45,000 Pain and Suffering Award to 81 Year Old Car Accident Victim

A personal injury award for pain and suffering is not reduced by a limited life expectancy and according to the Supreme Court of BC, advanced age should not be a factor either way in arriving at an appropriate award. This personal injury arose from a car accident at the intersection of Inverness Street and West 41st Avenue…

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The Truth About Distracted Driving and ICBC's Rate Increase 2014

ICBC gets a failing grade in my books when it comes to road safety expertise and providing accurate data about road safety. Their most recent attempt at obtaining a 5.2% rate increase is filled with misleading propaganda trying to convince drivers that there is suddenly a distracted driving catastrophe about to occur in our Province.…

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The Truth About Distracted Driving and ICBC’s Rate Increase 2014

ICBC gets a failing grade in my books when it comes to road safety expertise and providing accurate data about road safety. Their most recent attempt at obtaining a 5.2% rate increase is filled with misleading propaganda trying to convince drivers that there is suddenly a distracted driving catastrophe about to occur in our Province.…

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Loss of Earnings to Age 70 Accepted in Personal Injury Case

This successful personal injury case involved a 55 year old labourer that suffered a chronic grade 2 neck and back strain in a car accident(Amini v. Khania,2014 BCSC 1671). The claimant had been travelling south on Gladstone Avenue in Vancouver and was stopped at the intersection at a red light.  He testified that he waited…

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Injury on Bus Fault of Driver and Elderly Passenger

This 93 year old personal injury claimant completely ignored  medical advice that he not travel on public transportation unassisted and injured his right shoulder after  trying to exit a moving bus (Bideci v. Neuhold, 2014 BCSC 542). There is however prima facie negligence against public carriers and the driver was found 2/3  at fault for not looking carefully…

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Personal Injury Lawyers Get More Money for Seniors and the Elderly- The Golden Years Doctrine

Car accident injuries in the elderly over 65 years of age can be profound and personal injury lawyers need to apply a different case analysis in British Columbia. So how do personal injury lawyers and Judges determine fair compensation for pain and suffering and loss of enjoyment of life for the elderly? Well the following…

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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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