Another Trial Success!
Trial Success: Our lawyers Nathaniel Hartney and Tyler Dennis recently gave reasons for judgment for Dale v. Vickers, 2019 BCSC 821 handed down by Madam Justice Margot Fleming. This was a complex case involving a young legal assistant who was injured in three separate motor vehicle accidents, the first occurring May 8, 2013. Prior to speaking with a lawyer, the two-year limitation period lapsed for Ms. Dale to bring an injury claim arising out of the injuries from that accident. There’s no duty for an insurer to warn a plaintiff that their claim is about to expire. Ms. Dale’s injury claim for her May 8, 2013 accident was summarily dismissed.
The remaining two actions were prosecuted through trial, where Justice Fleming assessed the claims globally and then made deductions for Ms. Dale’s ongoing indivisible injuries arising out of her May 8, 2013 accident.
Despite the court’s findings that she would be able to continue working full-time, Ms. Dale was awarded substantial damages for future losses to her earning capacity, future care, pain and suffering, and special damages.
While past results are not indicative of future results and every claim’s outcome hinges on its own set of facts, the success of Ms. Dale’s trial demonstrates Preszler Injury Lawyers’ experience and skill with complex cases, including those involving multiple injuries over a long period. Call us today to find out how we might be able to help you.
