In a recent Supreme Court of British Columbia case, an art student was awarded a 1 million dollar settlement: http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1724.htm At issue was whether or not the plaintiff had suffered a brain injury. The courts found that the plaintiff had indeed suffered a mild traumatic brain injury, which was likely to cause “permanent”cognitive impairment. […]
Tag Archives: brain injury
20
Jul
Jul
A solid expert report from an occupational therapist can be an essential part of a personal injury claim. Occupational Therapists (OTs) are professionals registered with the College of Occupational Therapists of British Columbia: http://cotbc.org/ OTs are often used by personal injury lawyers to provide expert reports that speak to Future Wage Losses and Future Costs […]
13
Dec
Dec
The maximum award for pain and suffering (also called non-pecuniary damages) was set by the Supreme Court of Canada in January of 1978 at $100,000. Taking inflation into account this comes out to around $350,000: http://www.courts.gov.bc.ca/jdb-txt/SC/14/14/2014BCSC1404.htm#BookMark88 Keep in mind that this number is pegged to inflation and will increase as inflation increases. The idea behind […]
The duty to mitigate was dealt with in a recent Supreme Court of British Columbia case: http://www.courts.gov.bc.ca/jdb-txt/SC/14/22/2014BCSC2224.htm This case dealt with a 57 year old construction worker who sustained various soft tissue and psychological injuries in a motor vehicle accident. His total award was reduced by 15% (on the major heads of damage). This may […]
15
Nov
Nov
A “hit and run” involves one or more drivers leaving the scene of an accident without providing their name and address. It is a crime in Canada to commit a hit and run. The punishment for this crime can be up to life in prison, depending on the circumstances and injuries to the parties involved. […]
28
Oct
Oct
With the winter in Vancouver comes darkness and lots of rain. This makes it much harder for motorists to see or react to pedestrians. The dark and rainy conditions result in lower than usual visibility. The wet and sometimes icy conditions make it much harder for drivers to bring their vehicles to a stop […]
As of last Monday (October 21, 2014), the penalty of using a hands free device, including a cellular phone, while driving has increased. http://globalnews.ca/news/1624055/stiffer-distracted-driving-penalties-as-of-monday/ Prior to Monday the penalty was merely a $167 fine. As of Monday the penalty now includes 3 demerit points on your license. An increase in the fine is also being […]
19
Oct
Oct
It is common in British Columbia for lawyers to provide legal services in personal injury cases in exchange for a contingency fee. A contingency fee is a percentage of the amount a case settles for. In British Columbia, the law society has set a maximum that lawyers are allowed to charge in personal injury […]
06
Oct
Oct
Disbursements are the expenses of your personal injury case. Typically lawyers working on a contingency will pay for your disbursements. They may or may not charge you interest. The amount of interest a lawyer charges you is something you should be aware of and work into your calculation of what the true cost of […]
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