https://www.canlii.org/en/bc/bcsc/doc/2017/2017bcsc2068/2017bcsc2068.pdf The plaintiff in this case was 67 years old and worked as a care aid and masseuse. She was injured in a motor vehicle accident after an oncoming vehicle made a left turn in front of her at an intersection. She sustained multiple physical injuries – most notably a whiplash type injury. The plaintiff […]Read More Whiplash leads to chronic pain and $400,000 award.
http://www.courts.gov.bc.ca/jdb-txt/sc/17/12/2017BCSC1217.htm This recent Supreme Court of British Columbia case dealt with a motorcyclist who was force to take evasive action while entering an intersection. The motorcyclist had the right of way, and another vehicle entered the intersection after stopping at a stop sign to the right of the motorcyclist. The motorcyclist was able to avoid […]Read More Evasive Actions: personal injury claims without actual collisions.
The modern definition of whiplash, as it is used by various legal and medical bodies in British Columbia, traces its origins back to a study commissioned by the Quebec Automobile Insurance Society in 1989. The “Quebec Task Force” (“QTF”), which was the body commissioned with completing this report, provided an in depth report on whiplash, which […]Read More What is Whiplash?
This is an issue that arises somewhat of often in my practice. Can an injured party make a claim for a small business that they have not actually started yet. This issue was dealt with in this recent Supreme Court of British Columbia case: http://www.courts.gov.bc.ca/jdb-txt/sc/17/06/2017BCSC0644.htm The plaintiff in this case was a 59 year old […]Read More Claims for speculative business losses in personal injury claims.
http://www.cbc.ca/news/canada/british-columbia/icbc-wants-to-hike-basic-rates-1.3735758 ICBC is asking or a 4.9% increase in premiums. Last year rates were raised 5.5%. ICBC is citing a rising number of claims and increased legal costs as the reason for this hike. As a lawyer, with an admittedly biased opinion on the matter, my position has always been that claims and legal costs are related […]Read More Another ICBC rate hike coming?
http://www.courts.gov.bc.ca/jdb-txt/sc/16/14/2016BCSC1486.htm#_Toc458696781 This case involved a plaintiff that was injured in two separate motor vehicle accidents, in which he’d suffered whiplash type injuries. Complicating factors here included the plaintiff’s pre-existing degenerative changes to his neck. At the time of trial, the plaintiff was 40, but he was in his mid 30s at the time of the […]Read More Courts decide that whiplash injury worth $1,190,562.70
http://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc1138/2016bcsc1138.pdf In the above noted case, a plaintiff was awarded considerably less than she had claimed for a whiplash injury. The judge, in deciding how much this whiplash case was worth, stated that she would have to “exercise caution” in assessing this claim. This injury, like in many whiplash claims, was not objective. As I’ve […]Read More How much is whiplash worth: Judge states that she must “exercise caution” during whiplash case.