Not exact matches
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages,
awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation,
court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal
injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
The tweet encourages BNP supporters and other fascist groups to attend the private home of the couple, who were
awarded # 1,800 each at Reading County
Court for «
injury to feelings».
Compensatory (but not punitive) damages
awarded in
court for physical
injury or physical sickness
The liability portion of homeowners insurance covers you against lawsuits for bodily
injury or property damage that you or family members or pets cause to other people, as well as
court costs incurred and damages
awarded.
«The issue the
court will address is whether the
award against the tobacco maker was so disproportionate to the
injury as to violate the constitutional guarantee of due process.
July 4, 2011 - In this maximum
injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271) despite The Jury
awarding a claimant $ 385,000.00 for pain and suffering and the Trial Judge reducing the amount to $ 327,350.00, the
Court of... Continue reading →
I have acted on a number of serious
injury cases where I have made an application to the
court that have been granted for an
award of provisional damages.
Issue: In personal
injury cases should a trial judge be allowed to courageously correct mistakes made by the jury which lead to unreasonably high
court awards?
Wormell v. Insurance Corp. of British Columbia, 2010 BCSC 1028 July 22, 2010 - The
injury claimant obtained a
court award of $ 570,288.71 for serious personal
injuries suffered in an accident.
In a stunning personal
injury decision the Supreme
Court has reduced a damage
award for a brain injured 27 year old claimant.
Typically, out - of -
court settlements will reflect the average jury
awards in the area where your
injury occurred.
An amount of money that a Plaintiff can be
awarded by a
Court in an ICBC
injury claim.
A lower
award was made to a 19 year old claimant Laura Tennant who pursued an action against Direct Line Insurance in Kilmarnock Sheriff
Court (SLT 16/7/10 page 71) the sheriff
awarded # 2000 for pain and suffering for an
injury to neck with pain radiating to the arms, back and shoulders and a full recovery after 13 months.
In Ontario, our
courts award compensation for personal
injury based on the principle of loss.
Similarly, if you can not prove that the person against whom you brought a personal
injury lawsuit (the «defendant») was negligent, you will not be
awarded money damages by a
court.
Reasons for judgment were released today by the BC Supreme
Court (Mariano v. Campbell)
awarding a Plaintiff just over $ 115,000 as a result of
injuries sustained in a 2006 rear end collision.
In all of the circumstances, and discounting the claimant's evidence to account for what the
court believed to be his own exaggerated and dishonest description of some of his
injuries, the judge did not see fit to
award anything more than nominal damages in this case.
The proof of that future loss is sometimes a difficult task and usually involves medical assessment and / or actuarial assessment); d. past care cost (if you have spend money for your medical care that was made medically necessary owing to ICBC motor vehicle accident
injury then you can expect to collect a sum of money equivalent to those reasonable treatment and medication costs please ensure that you keep the receipts and seek prior medical approval to eventually prove this loss); e. future care costs (if you will suffer repeated medical expenses in the future owing to your motor vehicle accident ICBC
injury claim then you can collect a sum of money equivalent to that future loss); f. out of pocket expenses or «special damages» (if you suffer out of pocket expenses like for travel to / from medical appointments, cab fare, parking, etc, then this is also recoverable by you but again — keep track of these expenses in a log and keep a receipt book for later proof of this loss); g. legal costs (sum of the legal costs associated with advancing your
injury claim are recoverable as the
court system recognizes that often legal experts, lawyers and their agents are a necessary part of the process); h. other categories of damages: not discussed here are other categories of damages like «in trust claims» made largely for those who relatives who take care of you while you are recovering from your
injuries or things like «loss of ability to enter an economically interdependent relationship» which might be
awarded to a seriously disfigured potential spouse for his / her unlikely ability to become married in the future.
In Empire Investments Corp. v. Pontes, the
court held that for «gender - based discrimination and sexual harassment [John] Pontes must pay the complainant the maximum possible
award under the code of $ 10,000 for
injury to feelings, dignity, and self - respect.»
If hired, we'll use the same grit and determination we employ in Supreme
Court cases to secure the best possible settlement or
award for your personal
injury case.
In reaching this conclusion, the appellate
court made a number of statements that are likely to lead to uncertainty regarding the amount that might be
awarded by the Human Rights Tribunal in the future for
injury to dignity, feelings and self - respect.
Judicial review of
injury to dignity
awards is not to be approached in the same manner as a quantum appeal in a personal
injury case, where the
Courts consider whether the
award «was a wholly erroneous estimate of the loss by comparison to the range established by the cases».
Jury trial for personal
injury claim, acting for the defendant: Gehlen v. Rana, 2009, BC Supreme
Court, unreported —
Court awarded damages less than amount offered
It noted that a trial judge's discretion is not unlimited, that there was no authority for
awarding damages under the CSPA to class plaintiffs who had suffered no
injury, and that the lower
courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.
and also that, given the Plaintiff's age and
injuries, that he would have «a difficult time finding work if his (current) job ended `, As a result of this the
court awarded $ 70,000 for loss of future earnings / loss of earning capacity.
McLeish notably represented Katherine - Paige MacNeil, who suffered catastrophic
injuries in an auto accident and was
awarded an unprecedented $ 18.4 million by Ontario's Superior
Court in 2009.
The
Court of Appeal held that the 10 % uplift should apply both to the personal
injury and
injury to feelings
awards.
A cyclist who was forced to quit his job due to life changing
injuries has been
awarded # 100,000 in compensation in an out of
court settlement.
The
Court of Appeal has held that the 10 % increase in certain types of
awards in county
courts should also apply to
awards in the employment tribunal for
injury to feelings and personal
injury.
Baffled, the
Court was forced to
award special costs after ICBC settled a personal
injury case yet refused to pay costs.
If you suspect that someone else is to blame for your
injuries, contact a personal
injury lawyer who can evaluate your case and educate you on lawsuits, settlements and
court awards.
In 1979 the Supreme
Court of Canada established an arbitrary limit of $ 100,000 that could be
awarded for the most serious and devastating of
injuries.
In this personal
injury case involving two motor accidents occurring 6 months apart (Wang v. Dhaliwal, 2014 BCSC 1662) the
court awarded two set of legal costs totaling $ 13,000 in addition to the $ 59,000 out of
court settlement.
Even if the tort had been negligence, the
Court could have given an
award of damages that would at least give some recognition of Mr. J's
injuries.
The
Court Appeal has made it clear in this personal
injury case that an
award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.
Despite this, we were able to persuade the
court to
award Ryan $ 90,000.00 for his loss of future earning capacity by proving that there was a reasonable possibility that Ryan's career would be cut short as a result of his
injuries at some point in the future.
Although a trial
court may grant remittitur on the grounds that the
award is disproportionate to the
injuries suffered,
courts have specifically rejected comparing damage
awards as a means of measuring excessiveness.
In order for compensation to be
awarded by the
court, sufficient evidence must be put forth by the victim that shows the personal
injuries sustained were a result of negligence by the defendant.
Currently, Ontarians who receive benefits under the Ontario Works program are allowed to keep only $ 25,000 of their total
court -
awarded compensation for pain and suffering when they win personal
injury cases, even if the case arises out of sexual assault.
In Raptis v. Chalabiani, 2017 BCSC 1548, the
Court awarded the Plaintiff $ 584,560 for
injuries sustained in a December 2009 motor vehicle accident, which substantially exceeded ICBC's final offer of $ 364,243 before trial.
Reasons for judgement were released today by the BC Supreme
Court, New Westminster Registry, addressing whether a Plaintiff's life expectancy should influence the non-pecuniary damages
awarded in a personal
injury claim.
One thing you should keep in mind when considering a personal
injury lawsuit is whether you will actually be able to recover the damages
awarded to you by a
court.
The
Court awarded our client $ 683,810 for
injuries sustained in a 2011 motor vehicle accident, which substantially exceeded the insurance company's final offer of $ 280,000 before trial.
The issue before the Superior
Court will be whether the Tribunal was right to refuse to
award damages for
injury to dignity.
Jurors in a state
court have
awarded Kamie Kendall Rees $ 1,587,928 in her Accutane
injury lawsuit against drug maker Hoffman La Roche Inc..
Reasons for judgement were released this week by the BC Supreme
Court, Vancouver Registry,
awarding damages for a rather unique
injury, a ruptured bicep tendon.
Indeed, the firm's track record so far in 2016 is proving similar to previous years, in that the firm has already secured what will undoubtedly be one of the year's top verdicts — a $ 29.8 million
award by a Hampden Superior
Court jury for an 11 - year - old girl who suffered a devastating brain
injury at birth.
Few personal
injury cases result in punitive damage
awards, and there may need to be a compensatory
award before the
court or jury can consider a punitive damage
award.
In University of British Columbia v. Kelly, 2015 BCSC 1731, the Supreme
Court upheld the Tribunal's decision and the wage loss damages but reduced the
award for
injury to dignity.
Award - winning San Diego personal
injury attorney John Gomez and his associates have appeared before judges and juries in both state and federal
courts all over the country, and have delivered extraordinary results time and time again.