$125,000 Pain and Suffering Award for Chronic Pain Syndrome

In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic…

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Failure of Expert to Testify Weakens Personal Injury Claim

Successful ICBC personal injury claims require expert medical opinions, especially  in the Supreme Court of British Columbia.  As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s  case (Espinoza…

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Teen Injury Award of $387,000 for Loss of Earning and Housekeeping Capacity Upheld

The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school.  She suffered soft tissue injuries that left her with chronic pain in her back, neck and right shoulder.  She attended the Karp…

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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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The Right to Die and ICBC Death Benefits- End of Life…Insurance

BC auto insurer, ICBC, must decide what happens to death benefits and survivor  insurance if a person chooses to have a doctor assist ending their life as a result of a catastrophic injury. Will  ICBC death benefit insurance be excluded even if  death would have occurred within the policy term anyway? Will ICBC pay for assisted death…

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Judge Awards over $650,000 for Chronic Myofascial Pain

In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000.  ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…

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$35,000 for Pain and Suffering Despite Prior Pain Condition

This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…

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$100,000 Award for Pain and Suffering in Chronic Headache Case

Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent.  The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600)  was injured in a car accident when she…

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Settlement Offer Beaten and Claimant Awarded Double Costs

This successful personal injury claimant was awarded double costs of all steps taken in the lawsuit following an offer to settle he made in the week before the trial (Ostrikoff v. Oliveira,2014 BCSC 842). In ICBC personal injury cases additional costs can be awarded to a party if they beat a reasonable offer made before the…

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$140,000 Award for Pain and Suffering with no Income Loss

Money compensation from ICBC and other insurance companies for pain and suffering should be dictated by the amount claimants are able to obtain under the law. In this car accident case the personal injury claimant was driving along Jacklin Road near Sooke Road in Victoria, B.C. when another car struck her right rear section while exiting a…

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