Wage loss claims that involve a plaintiff with pre-existing injuries are always complicated. It is the courts role to determine what losses are attributable to the new claim and what losses would have occurred in any event. http://www.courts.gov.bc.ca/jdb-txt/sc/17/20/2017BCSC2098.htm In this recent Supreme Court of British Columbia case, the plaintiff was employed as a fisherman, with […]Read More Wage Loss Claims and Pre-Existing Injuries.
http://www.courts.gov.bc.ca/jdb-txt/sc/17/04/2017BCSC0431.htm In this recent Supreme Court of British Columbia personal injury case, the lawyer for the plaintiff was able to draw a connection between the defendant driver and a supposedly independent witness. This case involved a rear end collision, which typically results in a presumption of fault against the following car that has struck the […]Read More Facebook profile leads to finding of perjury in personal injury case.
Care costs can be one of the biggest financial worries to an injured party. The cost of even simple treatments, such as physiotherapy and massage therapy, has increased dramatically. These costs can be especially burdensome to someone who is limited in their ability to earn income. For someone with a long-term or permanent injury these expenses […]Read More Future Costs of Care
“Whiplash”, which is commonly defined as neck and back pain caused by rapid and uncontrolled movement of the head, is one of the most common injuries people sustain in motor vehicle accidents. People often dismiss these injuries as minor or temporary. However, as in this Supreme Court of British Columbia case, whiplash injuries can often […]Read More Seemingly minor whiplash injuries can develop into much larger problems.
This issue was recently dealt with by the Supreme Court of British Columbia: http://www.courts.gov.bc.ca/jdb-txt/SC/14/24/2014BCSC2429.htm Here, a part time accountant, who had plans to expand her business into a full time practice, was injured in a motor vehicle accident. As a result of the injuries she sustained in this accident, she was unable to expand her […]Read More Can I make a claim for business losses for my new business?
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 […]Read More What is the maximum award for pain and suffering in British Columbia?
According to recent research distracted driving is now the second leading cause of driving fatalities. Driving with excessive speed is second, and drunk driving is third. http://globalnews.ca/video/1545331/distracted-driving-now-the-second-cause-of-bc-crash-fatalities This has, according to ICBC, resulted in an increase in rear end motor vehicle accidents of 14%. As a lawyer in Vancouver, British Columbia, I can attest to […]Read More Distracted Driving is Now the Second Leading Cause of Car Accident Related Deaths