18 July, 2016

LOSS OF FUTURE EARNING CAPACITY

If you have been injured in an accident, your injuries may affect your ability to work in the future.  Whether or not a Plaintiff has suffered a future loss of earnings as a result of his or her injuries is...

15 July, 2016

Counsel Removed Due To Conflict of Interest

Difficult legal and personal issues may arise where a passenger in a vehicle claims for damages against a driver or vice versa – especially where there are important relationships involved between these persons.  In certain circumstances, a lawyer who has...

13 July, 2016

Children Injured on School Property

It can be very upsetting for parents when a child is injured at school or during a school event.  Even if it seems obvious to the parents that the school is responsible for the injury, the court must look at...

08 July, 2016

Medical Malpractice During a Delivery

Difficultly during a delivery can cause catastrophic damage to the baby. It is natural for the parents to look for an explanation as to what went wrong and who is to blame. Sometimes it is the fault of the medical...

06 July, 2016

Slow Drivers

Does it drive you crazy when someone is driving really slowly in front of you? Be patient and don’t try to pass that driver on the left, or you could cause an accident.In the case of Ali v. Fineblit, 2015 BCSC...

04 July, 2016

Disclosure of Statements to the Other Party

If a person involved in an accident gives a statement to their insurance adjuster, the other party involved in the accident will likely want a copy of it. Sometimes that person is obligated to provide it to the other party,...

01 July, 2016

Multiple Accidents

When a party is involved in more than one motor vehicle accident, the question to be determined is whether and to what extent each of the accidents caused or contributed to the pain suffered by the injured party.In the case...

29 June, 2016

Mitigating Your Losses

If you are involved in a motor vehicle accident and you don’t do everything you can to mitigate your losses, ICBC may try to argue that your damages should be reduced as a result.In Biefeld v. Neetz, 2016 BCSC 689, the...

27 June, 2016

Defendant is a Novice “N” Driver

What are some of the issues a Court looks at when the motor vehicle accident is caused by a novice driver?  The case of Nahal v. Ram, 2016 BCSC 39, involved a novice driver involved in a single vehicle accident.The Plaintiff...

24 June, 2016

Plaintiff Has Complex Pre-Collision History

No-one’s life is perfect, but some people do have more difficulties in their lives than others.  Even if a person’s life is complicated before their accident, those difficulties may not prevent them from making a successful personal injury claim.In Birkich...