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Credibility

  • Published by Hergott Law,

If I face formal offers and fail to beat them at trial, will I suffer costs consequences?  What if it turns out that I was misleading experts and my credibility unravels at trial? In a decision released on August 16,

  • Published by Hergott Law,

If ICBC appeals the decision of the trial judge, is my credibility on trial a second time? In the recent judgment of McKenzie v. Lloyd (2018 BCCA 289) the Court of Appeal was asked by defence counsel (appointed by ICBC),

  • Published by Hergott Law,

If I have an ICBC claim, I should be careful about what I’m seen doing… right? There seems to be a common thread in thinking about personal injury claims that a person couldn’t possibly be hurt if they dare to

  • Published by Hergott Law,

Why do we tend to think that car crash victims are faking their symptoms?  Will the court think that, too? There’s a sense in the media and in the world at large that some or many plaintiffs in personal injury

  • Published by Hergott Law,

If I have a history of lying for economic gain, will the judge believe my description of invisible injuries?  What other types of evidence will they need? In a decision released this week by the British Columbia Supreme Court (Chong

  • Published by Hergott Law,

My collision was very minor – will the court accept that I was hurt?  What do I need to do to prove my injuries exist? In a case released this week by the British Columbia Supreme Court, Justice Brown dismissed

  • Published by Paul Hergott, Personal Injury Lawyer,

ICBC claims that I am entitled to less compensation for my injuries because the collision was minor and there was no significant vehicle damage. Is this right? How will the court compensate me for my injuries? In the case of

  • Published by Hergott Law,

If I am second-language English, will my misuse of language be held against me?  What if it is clear that my command of the language isn’t strong? In a decision released on November 23, 2016 (Lally v. He 2016 BCSC

  • Published by Hergott Law,

Will video surveillance undermine your claims about your limitations?  What if the clips are short and merely show you climbing stairs and walking? In today’s case of Truong v. Lu, 2016 BCSC 2043, the plaintiff was injured in a 2011