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"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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Pain and Suffering

Car Accidents Trigger Asymptomatic Pre-existing Neck Issues

The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering),  compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…

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Future Loss of Income Awarded Despite Prison and Criminal Conduct

This personal injury claimant was injured in two car accidents, the  first was a head on collision at  188 Street in Surrey,  and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…

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$100,000 Pain and Suffering Award for L4-5 Disc Protrusion

In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…

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Car Accident Claim Capped 2018?

What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…

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Volvo Loses Appeal on $4.8 Million Mental Injury Award

  In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…

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$1.1 Million Awarded to Teenager with Somatic Symptom Disorder

In this personal injury case the claimant suffered injury in two motor vehicle accidents for which she was not at fault. The claimant was a 16 year-old high school student, enrolled in Grade 11 when the first car accident occurred.  It requires the capital asset approach to assess the value of personal injury case when…

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Pain and Suffering Award Increased to Account for Mental Injury

This Court of Appeal injury case is filled with lots of legal analysis for personal injury lawyers such as early retirement loss, subrogation and mandatory net wage loss of ICBC claimants. In this article I will focus on the increase in the claimant’s award for emotional pain and suffering.  The claimant suffered physical and emotional injuries as…

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Compensation for Loss of Business Denied Despite Injuries

In this case study, the small business owners suffered neck injuries and soft tissue injury in a car accident that occurred at the intersection of 57th Avenue and Angus Drive in Vancouver. The claimants’ vehicle was knocked to the curb being hit on the left front corner. The vehicle’s two front seat airbags deployed and ICBC deemed the vehicle…

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$115,000 Somatic Symptom Syndrome Pain and Suffering Award

This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was struck from behind by a minivan. The defendants admitted liability. As a result of the…

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