In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of…
How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced by the court for not following medical treatment. In this case, after suffering a car accident injury in which medication was initially taken with success and then abandoned for no good reason,…
The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and suffered injuries to her neck, right shoulder, and upper back area and the Court assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less…
As a personal injury lawyer in BC since 1995 I’m often asked how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments…
In Canada most believe that innocent victims injured in car accidents should obtain some amount of compensation, however minimal, for pain and suffering and other losses without an attack on the victims credibility- In British Columbia this money usually comes from the Insurance Corporation of British Columbia, ICBC, on behalf of the at fault driver- However in two personal injury appeal…
Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…
In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144). Damage to the vehicles was minor. Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries . ICBC urged the court to conclude that the claimant could not have been…
Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00. The injury…
Before resolution, personal injury claims in British Columbia are usually filed in the Supreme Court of British Columbia. Cases that are worth less than $25,000.00 should be filed in the Provincial Court. If a case is worth less than $100,000 the Fast Track Litigation rules will apply and legal costs will be limited by the…
Can a personal injury award be reduced? The answer is yes, by the Court of Appeal when discussing a case filed in the Supreme Court of British Columbia. If you have gone through a trial and received a favourable award, ICBC or any other defendant, has 30 days to appeal this decision. You and your personal injury…