An index for Personal injury lawyers and counsel generally is provided by the registry with a list of cases so commonly referred to and accepted in British Columbia that lawyers need only index them in the case brief . In the typical car accident claim however lawyers exchange a table of case authorities and the best sections of the each case are referred to in the course of argument. Personal injury lawyers usually checklist the existence of a legal duty, a breach of a standard of care and resulting loss injury or damage in any injury case and prepare a legal brief referencing the top relevant case authorities. Here are three of the more notable references I think all personal injury lawyers in BC should have in their back pockets when going to court:
1. “[a] future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation”Judge Major- Athey v. Leonati,  3 S.C.R. 458 at para. 27;
2. “[t]he general, but not conclusive, test for causation is the ‘but for’ test, which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant” Judge Major- Athey v. Leonati, at para. 14; and
3. “the amount of an award for non-pecuniary damage[ pain and suffering] should not depend alone upon the seriousness of the injury but upon its ability to ameliorate the condition of the victim considering his or her particular situation.” Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (1981), at p. 373 quotes by Judge Kirkpatrick in Stapley v. Hejslet 2006 BCCA 34
There are many other legendary quotes that could be added to the list most of which top-rate lawyers practicing personal injury will want to have and update frequently.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
3 responses to List of Top Personal Injury Lawyer Case Quotes In BC
chicago personal Injury lawyer
May 25, 2013 2:38am
chicago personal Injury lawyer...
List of Top Personal Injury Lawyer Case Quotes In BC Â« Holness Law Group Blog...
May 17, 2013 1:05pm
Best way to get this personal injury lawyer list of cases: http://www.courts.gov.bc.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx
at the Court of Appeal . Look for frequently cited authorities.
May 17, 2013 12:26pm
You mentioned a list for personal injury lawyers of cases. I'm looking for a really good personal injury lawyer but no one seems to want to take my case. Can you tell me where i can get this list. Thanks
"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."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.