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Civil Liability

  • Published by Hergott Law,

Do teenagers have the same responsibilities as adults when riding as passengers in cars?  What about a 17 year old who takes a ride in a friend’s mom’s car – but when the car is driven by an entirely different

  • Published by Hergott Law,

If I am compelled to attend a medical assessment for ICBC, can ICBC conduct surveillance of me as I travel to the assessment? A useful decision was published this week by the British Columbia Supreme Court in the case of Moquin

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If I have a dismal work history, pre-existing psychological issues and alcoholism, can I still prove that my injuries will cause me a future loss of earning capacity?  What factors will the court consider? In a decision released yesterday, (Miller

  • Published by Paul Hergott, Personal Injury Lawyer,

How can inconsistent evidence impact a court’s decision? In the recent personal injury case of Traux v. Hryb (2017 BCSC 1052), the plaintiff was travelling on the highway in his tractor on a night with heavy rain and was approaching

  • Published by Paul Hergott, Personal Injury Lawyer,

I have been injured participating in an activity that required me to sign a release of liability to take part in. Can I sue despite signing this waiver? In the recent personal injury case, Jamieson v Whistler Mountain Resort Limited

  • Published by Paul Hergott, Personal Injury Lawyer,

Is it necessary for a psychiatric expert to medically diagnose a psychiatric illness in order for me to receive compensation for the psychological impacts a motor vehicle crash has had on me? Today’s case is a Supreme Court of Canada

  • Published by Hergott Law,

Will the other driver be found at all liable if I pass them on the left as they’re turning left?  What if I give evidence that they didn’t signal, and I didn’t know where they were going? This week, the

  • Published by Hergott Law,

If my injuries deprive me of the opportunity to form an interdependent relationship, will I be compensated?  How can I prove this? How is the loss quantified? In a decision released earlier this week (Wilhelmson v Dumma, 2017 BCSC 616), the

  • Published by Hergott Law,

If ICBC makes a formal offer that is greater than I am awarded at trial, what are the cost consequences?  What if I cannot afford to pay their costs of running the trial? In a decision released today by the BC