Plaintiffs Litigation Blog: Accident and Negligence Claims
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Accident and Negligence Claims (40)
Back, Neck and Spinal Cord Injuries (15)
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Motor Vehicle Accidents - ICBC Injury Claims (9)
Recreational and Sports Injuries (5)
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- Kyle Gieni, Resource Coordinator, PIRC (9)
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March 25, 2014
The Seatbelt Defence — Lakhani v. Samson
An otherwise blameless plaintiff injured in an accident can be found contributorily negligent for failing to wear a seatbelt. However, the burden rests with the defendant to establish a seatbelt defence. As stated by Madam Justice Hyslop in Schenker v. Scott, 2013 BCSC 599, to establish a seatbelt defence a defendant…
Continue ReadingMarch 20, 2014
The Plaintiff’s Credibility – Facebook Tactics
Reasons for judgment today from Madam Justice Griffin following an 11-day trial in J.D. v. Chandra; J.D. v. Collier, 2014 BCSC 466. The plaintiff was injured in car accidents in 2006 and 2010. She was 17 at the time of the first accident. By the time of trial, she was…
Continue ReadingMarch 19, 2014
Parking lots aren’t places of safety; future care claims
The Court of Appeal released reasons today in Russell v. Parks, 2014 BCCA 104, overturning the trial judge’s apportionment of liability and awarding future care costs that had been refused. The plaintiff was hit by the defendant’s vehicle in a Cranbrook strip mall parking lot. He had stepped over a small…
Continue ReadingMarch 18, 2014
Liability waivers in commercial recreational sports
CBC Marketplace recently ran a segment on liability waivers in commercial recreational sports. Click to view a written version of the show. In the course of the segment, they speak to a former client of mine who was injured in a zip lining accident where the zipline outfit was clearly…
Continue ReadingFebruary 11, 2014
Use of statements in clinical records
A decision from early 2013, Kostecki v. Li, 2013 BCSC 2451, was posted recently regarding the use of statements in clinical records. Defence counsel had cross-examined the plaintiff on statements in clinical records she purportedly made to a neurologist and a physiotherapist. The plaintiff denied making the statements and counsel didn’t…
Continue ReadingJanuary 31, 2014
An absence of argument on personal injury damages
Something has gone horribly wrong when a judge finds herself unable to assess damages at the end of a personal injury trial. That was the conundrum faced by Madam Justice Russell in Le v. Point, 2014 BCSC 154, released today: [55] I find myself in the unfortunate position of being…
Continue ReadingNovember 18, 2013
Personal Injury Law and Functional Capacity Evaluations (FCEs): 5 things you should know
Personal injury litigation and functional capacity evaluations. In the course of personal injury litigation, the plaintiff is often sent for a “Functional Capacity Evaluation” (FCE). Sometimes the plaintiff is referred for an FCE by their own lawyer to provide additional evidence of the extent of impairment, and sometimes they are…
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Accident and Negligence ClaimsJune 17, 2013
Changes to the BC Limitation Act – What They Mean for You
On June 1st, 2013, the new Limitation Act came into force in BC. This Act sets out the time limits a person has to make a civil claim, most commonly performed by suing another person or company for money to compensate for a loss. The most significant change in the…
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Accident and Negligence ClaimsMay 14, 2013
How Social Media can affect your claim
For many of people, it is difficult to remember a time before social media. Facebook, Youtube and Twitter have changed the way we communicate. Social media has left its mark on the courtroom. Below are questions and answers about how the Courts have made use of this new technology. Can…
Continue ReadingApril 10, 2013
Infant Insurance Claims – Deadlines for accident benefits are shorter than limitation periods on claims for damages where children are concerned
When pursuing an insurance claim, it is important to stay aware of any deadlines that could seriously hamper your ability to receive fair compensation. At times, these deadlines can be difficult for an injured party to navigate. This is particularly true in cases where a child has been injured in…
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