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reliability

  • 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 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 Paul Hergott, Personal Injury Lawyer,

 What if my doctor does not record every symptom that I am experiencing in his clinical notes? Further, how will my claim be impacted if I say I am experiencing symptoms that have not been consistently recorded in the clinical

  • Published by Paul Hergott, Personal Injury Lawyer,

How will my credibility impact my award at trial? In the recent case of Lamb v Fullerton (2016 BCSC 1694), the court was unable to award the plaintiff with anything more than nominal damages due to serious credibility issues. The

  • Published by Paul Hergott, Personal Injury Lawyer,

How will my pre – crash limitations affect my claim? Should I try to downplay my pre – existing injuries? What if my pre – existing injuries make me more susceptible to being injured? How does the court balance these