It’s very important for plaintiffs in ICBC claims to present themselves well. Ultimately, a judge may decide how much your claim is worth, and your demeanour may play a large role in their decisions. Even in earlier parts of the litigation process, such as an examination for discovery, coming off as stand-offish or evasive can […]
Tag Archives: case
General Legal Resources
You do not need to lose consciousness to suffer a brain injury: court awards art student million dollar settlement in ICBC case.
24
Sep
Sep
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. […]
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 […]
General Legal Resources
The government of British Columbia is cracking down on highway drivers…. driving too slowly.
27
Mar
Mar
New legislation will increase the power police have to pull over drivers who are obstructing the left or “passing lane” of a highway: As it stands now, there is already a $109 fine for driving in the left lane slow enough to obstruct traffic. Apparently, the problem with this old law was that it was […]
20
Jan
Jan
The obvious answer is that in liability disputes dash cams will provide very strong evidence towards who is at fault for a motor vehicle accident. This can be extremely valuable to a plaintiff who is injured by a defendant that is not telling the truth. It can also be valuable to a defendant who is […]
14
Jan
Jan
Lying to ICBC either before or after a car accident can be disastrous. It gives ICBC reason to void your insurance. The law allows them to do so if an insured commits fraud or makes a “willfully false statement with respect to a claim”. If you get into an accident and your insurance has been […]
General Legal Resources
Can I be found liable for an accident even if I am driving below the posted speed limit?
05
Jan
Jan
Although violating a speed limit is likely to get you a large ticket (and potentially other penalties), compliance with speed limits alone will not dictate who is at fault for an accident. It seems intuitive that relying on the posted speed limit to dictate how fast you travel should be a valid defence, but this […]
26
Nov
Nov
In a recent Supreme Court of British Columbia case, inconsistent statements from the defendant led to the courts adopting the plaintiff’s account of events: http://www.courts.gov.bc.ca/jdb-txt/SC/14/21/2014BCSC2193cor1.htm This case involved a motor vehicle accident in an intersection. A northbound car was struck by a westbound car. At issue was the colour of the light as the […]
The simple answer is yes. The courts have ruled conclusively on this issue: http://www.canlii.org/en/bc/bcsc/doc/1993/1993canlii1318/1993canlii1318.html ” I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in […]
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. […]
