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David Simon Klein - Trial Lawyer, 1550-355 Burrard Street, Vancouver, BC (2026)

11/05/2019

The short answer is yes. Effects on social life are taken into account during the assessment of non-pecuniary damages, which is more commonly referred to as pain and suffering. In fact, this is a fairly well established point of law. A strong precedent for this assertion can be found in McLeod v. Whittemore, 2018 BCSC 1082. This case dealt with a 28 year old dental assistant who suffered a variety of soft tissue injuries in a car accident, which had resulted in thoracic outlet syndrome and myofascial pain syndrome. [ 215 more words ]

The short answer is yes. Effects on social life are taken into account during the assessment of non-pecuniary damages, which is more commonly referred to as pain and suffering. In fact, this is a f…

08/01/2019

Personal injury lawyers commonly hire doctors and other medical experts to provide expert evidence. Medical experts are tasked with providing their opinion, on subjects including: the cause of a plaintiff's injuries, the future outlook of a plaintiff's injuries, and how a plaintiff's ability to work will or has been affected by injuries. When making a decision, a judge will review the totality of the evidence before them, including this expert evidence. [ 347 more words ]

Personal injury lawyers commonly hire doctors and other medical experts to provide expert evidence. Medical experts are tasked with providing their opinion, on subjects including: the cause of a pl…

05/08/2019

It seems intuitive that a permanent injury and disability would lead to a decently sized award for future wage losses. However, this is not always the case. A plaintiff also needs to prove that there is a "real and substantial possibility" that their disability will actually result in a loss. In a recent Supreme Court of British Columbia case, a plaintiff suffered permanent injuries, after two car accidents, that left them with an inability to perform heavy lifting. [ 176 more words ]

It seems intuitive that a permanent injury and disability would lead to a decently sized award for future wage losses. However, this is not always the case. A plaintiff also needs to prove that the…

12/11/2018

Having a criminal record will not bar you from making a personal injury claim. However, a criminal record can affect your claim in multiple ways. Firstly, a judge must take into account the effect of your criminal record on your future job prospects when determining awards for future wage losses. A recent Supreme Court of British Columbia case involving a plaintiff with a long history of criminal activity, including drug and gun sales, dealt with exactly this issues. [ 664 more words ]

Having a criminal record will not bar you from making a personal injury claim. However, a criminal record can affect your claim in multiple ways. Firstly, a judge must take into account the effect …

11/20/2018

Personal injury claims involving parking lots have a unique set of challenges. Most notably, liability is often disputed. Driver's often back up out of spots, which makes it difficult for them to see other vehicles. Other challenges, such as pedestrians, obstacles, reduced visability, and tight spaces, are present. The driver of one vehicle will often see the other vehicle and stop only to be struck by that second driver. [ 271 more words ]

Personal injury claims involving parking lots have a unique set of challenges. Most notably, liability is often disputed. Driver’s often back up out of spots, which makes it difficult for the…

10/25/2018

How do the courts deal with pre-existing psychological disorders? The goal of the court process is to provide financial compensation to injured parties to compensate them for actual losses. Thus, the courts must take into account a plaintiff's pre-existing psychological state. In this recent supreme court of British Columbia case, the courts were left with the difficult task of assessing an award for a plaintiff who had suffered from major depression after a car accident but who also had pre-existing psychological issues: [ 159 more words ]

How do the courts deal with pre-existing psychological disorders? The goal of the court process is to provide financial compensation to injured parties to compensate them for actual losses. Thus, t…

10/08/2018

At one point, it was common for people to retire at the age of 65. As medical knowledge and financial obligations have increased, many people are working beyond this age, and retirement ages among individuals vary considerably. The courts are often left in a position where they have to estimate retirement ages for individuals, whose retirement has been accelerated due to injuries sustained in a car accident. [ 177 more words ]

At one point, it was common for people to retire at the age of 65. As medical knowledge and financial obligations have increased, many people are working beyond this age, and retirement ages among …

09/07/2018

An "In Trust' claim is a claim for past services provided by friends and family. The courts allow a plaintiff to make a claim for these services, typically provided for free, as though they had been paid services. As in, Bystedt v. Hay, 2001 BCSC 1735, the factors to be considered when making a claim for an “in trust” award are: [ 282 more words ]

An “In Trust’ claim is a claim for past services provided by friends and family. The courts allow a plaintiff to make a claim for these services, typically provided for free, as though …

07/23/2018

The short answer is yes. This issue was dealt with in this recent Supreme Court of British Columbia case: Here, a young woman and mother to 3 young children was injured in 2 separate motor vehicle accidents. The plaintiff intended to stay out of the workforce until her youngest child had entered school, which was approximately 5 years from the date of trial. [ 223 more words ]

The short answer is yes. This issue was dealt with in this recent Supreme Court of British Columbia case: Here, a young woman and mother to 3 young children was injured in 2 separate motor vehicle …

07/04/2018

https://www.icbcaccidentlawyer.com/2018/07/04/you-can-be-held-liable-for-a-cyclists-injuries-even-if-you-dont-actually-hit-them/

You can be held liable for a cyclist’s injuries, even if you don’t actually hit them. In British Columbia new designated bicycle lanes appear every day. These lanes are designed to provide bicyclist with an exclusive place on the road, free from motor vehicles. As these lanes are relatively n...

04/25/2018

Seeking both proper and ongoing treatment for injuries in personal injury cases is extremely important for a multitude of reasons. Not only will proper treatment help you recover from your injuries, but it will significantly improve the strength of your case. In this recent Supreme Court of Canada case, the judge commented multiple times on the plaintiff's lack of ongoing medical treatment: [ 384 more words ]

Seeking both proper and ongoing treatment for injuries in personal injury cases is extremely important for a multitude of reasons. Not only will proper treatment help you recover from your injuries…

04/10/2018

The plaintiff suffered a traumatic brain injury (also referred to as a concussion in this case) after being injured in a motor vehicle collision with a bus. At issue was whether the plaintiff had suffered a loss of consciousness. There were conflicting statements in the clinical notes and other statements made by the plaintiff from around the time of the collision - including those given to ICBC. [ 223 more words ]

The plaintiff suffered a traumatic brain injury (also referred to as a concussion in this case) after being injured in a motor vehicle collision with a bus. At issue was whether the plaintiff had s…

David Simon Klein - Trial Lawyer

11/05/2019

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12/11/2018

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10/25/2018

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