The worth of an ICBC personal injury case can be significantly changed by accident benefits received. ICBC accident benefits are deductible from a personal injury case award against an at fault driver in British Columbia. Here are some important benefits to consider when reviewing what benefits may be deducted from an out of court settlement…
The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it applies to ICBC injury claims. This motor vehicle accident occurred at the intersection of 152nd…
ICBC injury claimants need to be aware that accepting an offer to settle is a binding agreement and further requests to ICBC to make their “best offer” will be futile. In today’s case study the court was asked by ICBC to declare that the personal injury lawsuit was settled for $20,000 plus court costs, for which the court…
ICBC can force injury claimants to attend a medical examination to verify the injuries claimed. In the past it has been a common practice for ICBC to have investigators follow claimants from their home to the examinations and follow them afterward. However the Court no longer agrees that this is appropriate and has ruled in…
This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…
Negotiating for settlement or for injury benefits after a car accident can be daunting if you have never had a personal injury claim before. Even the most seasoned lawyers will refer ICBC claimants to an experienced personal injury lawyer if this is not their field. These experienced personal injury lawyers are worth their weight in gold and…
In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…
Personal injury lawyers should know this wrongful dismissal contract case, as the employer successfully appealed a $30,000 mental distress award for aggravated damages. The Court of Appeal found there was no evidentiary foundation for a mental injury award for aggravated damages despite the Supreme Court Case Saadati (Lau v. Royal Bank of Canada,2017 BCCA 253). In…
Suing for civil assault in BC is different than claiming battery or negligence. As Judge Fleming states in the recent case of Akintoye v. White, 2017 BCSC 1094: [94] Despite its name, the tort of assault involves the intentional creation of the apprehension of immediate harmful or offensive conduct but no actual touching. A battery occurs whenever…
If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…
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