Awakening from a bad dream……PeaceArch News highlights Harriet Fowler’s story of courage and inspiration
This wonderful lady, Harriet Fowler, was a client of Brain Injury Law. “You’re told all these bad things. Doctors always tell you the worst, but the thing you have to remember is to not give up, no matter what doctors tell you.” Please read the full article about...
9 Things NOT to Say to Someone with a Brain Injury
This insightful article provides some helpful reminders to those caring for a loved one with a brain injury. http://www.brainline.org/content/2012/10/9-things-not-to-say-to-someone-with-a-brain-injury.html
Interest expenses not recoverable as disbursements following litigation
This week, the Court of Appeal for British Columbia released reasons regarding an appeal from an order from the BC Supreme Court, which concerned whether or not out-of-pocket interest payments incurred to finance disbursements are recoverable as disbursements....
Exacerbation of pre-existing degenerative neck changes garner $75,000 award for damages
In McCartney v. McArthur, 2014BCSC 2164, the plaintiff had suffered of pre-existing pain symptoms, with flares of stiffness and limited range of motion at times. His car was rear-ended while stopped in traffic, pushing him into the car ahead of him, causing...
You’ve been involved in a hit and run accident. What do you do?
You’ve been in an accident, and before you have time to get the information from the driver that hit you, or write down their licence plate number, the other driver leaves the scene. What do you do now? In cases involving a hit and run, if you want to make a claim...
No adverse inference when clinical records disclosed to the defence and provided to experts
During the usual course of a personal injury action an injured plaintiff may be treated by one or more medical professionals. Those professionals typically maintain clinical notes of each visit. If a matter proceeds to trial and the plaintiff elects not to call the...
Payments by joint tortfeasors are deductible from vicarious liability obligations of lessors
Last week, the Court of Appeal for British Columbia released reasons in the case of Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA431. The case involved a plaintiff, Edward Stroszyn, who had suffered injuries as a result of a 2008 motor vehicle...
Defendant bus company granted leave to withdraw admissions of liability and negligence
Earlier this week, in the case of Finch v. Anderson, 2014BCSC 2008, reasons for judgment were released in an application to withdraw the defendants’ earlier admissions of negligence and liability. The collision occurred when a bus operated and driven by the defendants...
BC Supreme Court clarifies entitlement to “revival” of part 7 disability benefits
In the case of Symons v. Insurance Corporation of British Columbia 2014 BCSC 1883, a summary trial application, the Court considered the “revival” of ICBC disability benefits following the Plaintiff’s attempt to return to work. In reasons for judgment, released today,...
Plaintiff awarded $3.1m for nightclub assault after defendants snub settlement offer of $1.4m
The case of Maras v. Seemore Entertainment Ltd., 2013 BCSC 1842, involved a Plaintiff who was assaulted outside a Downtown Vancouver nightclub. Liability for the incident was shared by the corporate Defendant, which owned the nightclub, and three of the club’s...
Nurse awarded $680,000 following rear-end collision
Earlier today, the B.C. Supreme Court released its judgment in the case of Hawkins v. Espiloy 2014 BCSC 1804, where the 30-year-old Plaintiff was injured in a rear-end collision while completing her nursing degree. As a result of the accident, the Plaintiff...
Client assaulted by bouncers at nightclub awarded over $3 million!
After a very long and hard-fought legal action, and a jury trial that lasted approximately two months, we are extremely pleased to be able to report a victory for our client who was assaulted by bouncers while attending a downtown Vancouver nightclub. Our client was a...
A Winner!
We are thrilled to hear that Danielle Benoit, a friend, former client and a very accomplished equestrian, has done very well in the BC Summer Games, earning two gold medals and two silver medals. Congratulations, Danielle!
The Importance of Helmets
Three years ago, Courtney King-Dye was a world class dressage rider and member of the 2008 olympic team. Courtney's life was forever changed when a horse slipped and fell with her. Today, she has a serious message about the importance of wearing a helmet while riding....
Meet Harriet Rose Fowler
Harriet is a courageous young woman whose story of recovery is truly inspiring! Visit her website: http://harrietrose.org and learn more about her story. Harriet recently completed a manuscript for a book: "You are my Sunshine: The Journey Through my Recovery of a...
Q&A – Ask a Brain Injury Lawyer
My son was hit by a car when riding his bike and suffered a serious brain injury. ICBC says the accident was his fault and have said they won't provide any compensation. Can I do anything or is that decision final? Do NOT accept what ICBC tells you without getting...
Vehicle v. Moose
I am often asked whether a person who has been injured as a result of a collision with a moose has a viable claim. You may think the answer is obvious: “of course not, moose don’t carry insurance!” While it’s true that moose are uninsured, a passenger in a vehicle...
Johns Hopkins study: Traumatic spinal cord injuries on the rise in US
The number of serious traumatic spinal cord injuries is on the rise in the United States, and the leading cause no longer appears to be motor vehicle crashes, but falls, new Johns Hopkins research suggests. The same research shows, moreover, that rates of these...
Another long boarding tragedy: lessons for riders and drivers!
According to the recent news, another BC teen has been killed by a vehicle while long boarding. This teen was apparently riding adjacent to his school, shortly after school, and reportedly he was not wearing a helmet. While even the best helmets can't prevent all...
Film Documents the Struggles of Snowboarder After Devastating Brain Injury
The Crash Reel, a new documentary film by Oscar-nominated director Lucy Walker, follows the story of elite US snowboarder, Kevin Pearce, who sustained a horrific brain injury just weeks before he was due to compete in the 2010 Winter Olympics. The film takes on a...
