15 May, 2017

Injured and Unable to Return to Work

In many personal injury cases, the largest award of damages is for a loss of future earning capacity. This is because the Court is attempting to compensate the Plaintiff for all of the lost wages they will forgo in the...

08 May, 2017

Single Vehicle Accidents

In most motor vehicle injury cases the injured party is struck by another vehicle. However some cases, such as Gaebel v. Lipka, 2016 BCSC 2391, involve a single vehicle accident.  The Plaintiff passenger, Mr. Gaebel, alleged that the Defendant driver of...

05 May, 2017

Causation in Personal Injury Cases

To obtain an award of damages in a personal injury case, one must prove the collision caused the alleged injuries.  In legal terms, this refers to “causation”. Causation was a key issue in Kodelja v. Johal, 2017 BCSC 164.  The Plaintiff alleged...

10 April, 2017

Chronic Pain After a Motor Vehicle Accident

In Brown v. Mitchell, 2017 BCSC 125, the Court assessed damages for chronic pain.  The Plaintiff sustained injuries in two motor vehicle collisions, the second of which was more serious. In the first collision, the Plaintiff was rear-ended after stopping behind traffic...

24 March, 2017

Loss of Housekeeping Capacity

A claim for loss of housekeeping capacity is for the loss of the value of the housekeeping work that a person would have done but can no longer do because of injuries. The basis for such a claim is the...

22 March, 2017

ICBC Disputes Plaintiff’s Injuries Connected to Accident

The Plaintiff in the case of Kim v. Lin, 2016 BCSC 2405, brought a claim for damages for injuries she suffered in a motor vehicle accident. The Defendants admitted liability for the accident but disputed that some of her present difficulties...

20 March, 2017

Cost of Future Care for Paraplegic

When a person is seriously injured in a motor vehicle accident, the cost of caring for them in the future is an important part of their personal injury claim.  For example, in the case of Warick v. Diwell, 2017 BCSC 68,...