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Vancouver Personal Injury Law Blog

Court Awards TTD Benefits to Plaintiff

A new decision was released this week by the British Columbia Supreme Court which deals with the circumstances in which an injured party is entitled to total temporary disability ("TTD") benefits from ICBC following an accident. The decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/16/14/2016BCSC1432.htm

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Surgical Error - Canadian Statistics

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Photo taken from TheProvince.com

The Province has published an article today about the frequency and causes of medical negligence claims arising from surgical error. From my own perspective, the statistics referred to in the article reveal the frequency of surgical error to be somewhat higher than I would have expected.  

Punitive Damages Ordered Against ICBC

In what can fairly be called a scathing decision, Madam Justice Griffin of the British Columbia Supreme Court released Reasons for Judgment today in a matter brought against ICBC.  In the case, Madam Justice Griffin was very critical of a series of steps taken by ICBC, particularly some employees within the SIU (Special Investigations Unit) Department.

In my experience, the SIU adjusters are typically quite aggressive with respect to pursuing cases in which they believe British Columbians have committed insurance fraud. By way of example, one of the adjusters in this case signed off on what might be suggested to have been an ill-advised email as the "fraud spanker".

Injury Cases Involving Children: Are the Insurance Issues truly "Murky"?

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Photo taken from www.theprovince.com

An article last week in the Province caught my eye - not only because it referred to a tragic mountain bike accident in 2010 involving a 15-year old young man at Sun Peaks Resort - but because it purported to shed light on the "murky" world of insurance law.  

We are not involved in the case in any way, and have no direct knowledge of any of the circumstances of the accident. However, on reading the article, I am not sure what aspect of the case the author found to be murky.

"Fraudsters" and ICBC

An interesting article was published by The Province this week suggesting that ICBC is using social media to "sniff out" insurance fraud braggarts. I have written in the past about the potential pitfalls of social media with respect to a personal injury claim.  

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Happy Halloween! Look Up to Avoid Pedestrian Accidents

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Hallowe'en is upon us! It's a night when trick-or-treaters are out and about and we all take extra care to avoid pedestrian accidents. As the kids zig-zag from one side of the dark street to another, their attention is on the treats behind the next door, and not on the car coming around the corner!

Formal Offers from ICBC in Personal Injury Litigation

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A Supreme Court decision was released last week which brings home the impact of formal offers during the course of a personal injury matter. Perhaps more importantly, the case also discusses circumstances in which special costs may be ordered against a plaintiff. 

Pedestrian and Cycling Accidents: What you Need to Know about Your ICBC No-Fault Insurance Benefits

Summertime gets us all out of doors and enjoying the fine weather. We're walking, running, biking, rollerblading and even skateboarding on the streets where we normally would drive. Inevitably, there will be collisions with motor vehicles. Sadly, there will be injuries. But did you know that the same no-fault insurance benefits available through ICBC to drivers when they are injured in motor vehicle accidents are also available to pedestrians, cyclists, and other non-vehicular users of the road? 

Moose Mayhem: Would ICBC Cover You?

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Photo from: www.cbc.ca/news/canada/newfoundland-labrador/man-from-conche-n-l-hits-moose-but-can-t-remember-it-1.3126446 

A few weeks ago a driver from Conche, Newfoundland, hit a moose but kept driving in spite of a head injury and devastating damage to his vehicle. A passing driver noticed that the roof on the car was nearly ripped off and that the driver was covered in so much blood and moose manure that he appeared to be headless. The passing driver then turned around and convinced the injured driver (who had no recollection of hitting a moose) that he needed to go the hospital. The driver suffered a bad concussion from the impact and to this day has no recollection of hitting the moose. See more about this story here

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