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He restricts his practice exclusively to plaintiff-only personal injury claims with a particular emphasis on ICBC injury claims involving orthopaedic injuries and complex soft tissue injuries.
Please visit often for the latest developments in matters concerning BC personal injury claims and ICBC claims Erik Magraken does not work for and is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC). Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic and partly disabling injuries caused in a collision. Graham) the Plaintiff was involved in a 2014 collision. The crash caused chronic soft tissue injury which disabled the Plaintiff from her chosen profession as a dental hygienist.
This cap was set by the Supreme Court of Canada in the late 1970’s at 0,000 and is indexed for inflation.
In today’s dollars non-pecuniary damages can be assessed up to, approximately, 0,000. I put the word “minor” in quotations because the definition will likely capture many claims most people would never consider to be minor.
Although he has gradually recovered to a significant extent, he has not returned to his previous level of performance.
While he can now do just about all of the activities he did before, he cannot do many of them as well, or without pain or discomfort. Mr.
The above are just a few of the shortcomings the BC Government will have to overhaul if they stick to their plan to funnel ‘minor’ injury claims to the Tribunal. The BC Government is proposing that people injured by negligent drivers on or after April 1, 2019 will be caught by the cap. Reasons for judgement were published today by the BC Supreme Court, Victoria Registry, assessing damages for a mild traumatic brain injury with lingering cognitive impairment. Dubois) the Plaintiff was involved in a 2013 motorcycle collision caused by the Defendant. The Plaintiff suffered a variety of injuries many of which enjoyed good recovery.
Gauthier was away from work and disabled for several weeks.
He is also unable to do the recreational activities that he enjoys, particularly surfing, at the same level.
Nevertheless, he is still able to enjoy those activities. Mr.
Gauthier has suffered emotionally form his cognitive impairments and his gradual recognition of their permanence. He cannot surf as aggressively or do other athletic activities at the same pace as formerly, although this must be attributed at least in part to his age. He now questions his performance at work and his career prospects. Although Mr. Gauthier has been able to enter into a long-term, romantic relationship since the accident where he did not have any significant attachments before. Mr.
Gauthier claims that he tends to socialize less than he did before the accident, I am not satisfied that this is a significant factor in his loss. Gauthier is still functioning at work but not at the same level.