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Personal Injury Trial

  • Published by Hergott Law,

If I slip and fall in a store, will the store be liable? What if I conclude that the floor was wet and caused my fall, but there are other explanations for why I fell? On January 23, 2017, the

  • Published by Hergott Law,

If I am hurt due to abrupt braking while I am riding on a bus, should negligence be assumed of the bus driver merely because I am injured while on public transportation? Shouldn’t it be like other cases where I

  • Published by Hergott Law,

I can work now, but I’m worried about the future – what if my pain gets worse as I age?  Will I be compensated for that? In the 2016 case Deol v Sheikh (2016 BCSC 2404), the plaintiff was a

  • Published by Hergott Law,

If a child-pedestrian is struck, can the child be found partially at-fault? Should a child be held to an adult standard of reasonableness? What if the child is not yet 10 years old? In the Ontario Supreme Court case of

  • Published by Hergott Law,

If I am a university student without set career plans when I am injured, how will the court assess my income loss? What if I have no work history because I spent my summers volunteering at church? In my previous

  • Published by Hergott Law,

If I try hard to ignore my injuries and get on with my life, will I get less money that someone who dwells on their pain?  What if I’ve worked really hard to get back to my activities, even though

  • Published by Hergott Law,

Can my lawyer call witnesses that aren’t listed in the trial brief?  What if new witnesses arise after the trial brief has been filed? In a recent oral judgment, Justice Steeves discussed witness lists and whether a party is held

  • Published by Paul Hergott, Personal Injury Lawyer,

What is a “limitation period” and what happens if I miss it?  Does ICBC have an obligation or duty to warn me about that issue? Under British Columbia law, there is a deadline of two years within which a lawsuit