Future Loss of Income Claim Reduced by Court of Appeal

  Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for  accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…

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ICBC Wins Appeal of $2.4 Million Income Loss Award

The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…

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Vancouver ICBC Lawyer – Can you make a claim against ICBC to recover Vacation Days used for your injuries?

If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income.  This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits.  If there is disability coverage through your employer, you may be eligible to receive short…

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Future Loss of Earning Capacity Awarded Despite Injured Claimant Continuing to Work

If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…

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Loss of Future Earning Capacity Awarded Despite Increased Income Post Motor Vehicle Accident

In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…

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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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Awards for Future Loss of Earnings differ from Awards for Past Wage Loss

The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…

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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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$1.2 Million Injury Award for Concussion, Tinnitus and Depression

This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C.  The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction.  The next morning he called ICBC and…

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