03 July, 2015

Competing Medical Experts Regarding Low Back Pain

In most cases, the Plaintiff and Defense experts have competing views of the case.  How do the courts resolve this type of evidentiary issue? In Wagner v. Newbery, 2015 BCSC 894, there was an issue as to whether the accident caused the...

26 June, 2015

Diminished Work Capacity

In Gill v. Bhullar, 2015 BCSC 851, the Plaintiff sustained injuries to her neck and shoulder as a result of a motor vehicle accident that occurred in September 2010. Just a couple of months prior to the accident, the Plaintiff...

22 June, 2015

Pre-existing Medical Conditions

In Diep v. Cunha, 2015 BCSC 819, a 38 year old seamstress sustained injuries when struck as a pedestrian by the Defendant’s motor vehicle.  Her injuries were primarily to her low back and left leg.The plaintiff suffered from severe scoliosis...

15 June, 2015

Boating Accidents

During the warm summer months, British Columbians get out on the water and enjoy boating.  Most boaters practice safe boating but those who don’t can cause potentially deadly accidents.  Hundreds of peoples die every year in boating accidents across Canada,...

29 May, 2015

Proving “Invisible” Injuries at Trial

Proving injuries that are not readily visible to an outside observer is a difficult task. Your lawyer should adequately prepare such a case by calling corroborating friend and family witnesses, and expert medical evidence. The credibility of the plaintiff and...

25 May, 2015

Credibility of the Plaintiff is Key in a Personal Injury Trial

In Gupta v. Doe, 2015 BCSC 608, the Plaintiff asked the trial judge to make significant awards for pain and suffering, past wage loss, and loss of future earning capacity following three motor vehicle collisions. However, in his reasons for judgment...

19 May, 2015

Credibility Important at Trial

Personal injury lawsuits arising from motor vehicle collisions rarely proceed to trial. However, when they do the plaintiff’s credibility is of critical importance.  In Curry v. Powar, 2015 BCSC 610, the Plaintiff sought compensation for the following injuries arising from a motor...

15 May, 2015

What happens if a vehicle hits me while I am in the crosswalk?

The Motor Vehicle Act of British Columbia governs the duties of pedestrians and motorists in a crosswalk controlled by flashing yellow lights that is not at an intersection. Section 131 (4) states: When rapid intermittent flashes of yellow light are exhibited at...