Offers to settle and settlement discussions in a civil case cannot generally be used as evidence at trial and are considered without prejudice, even when dealing with ICBC. This rule was created to provide protection to litigants that try to resolve disputes and is referred to as settlement privilege. In this email settlement offer case (Mayer…
In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and…
Personal Injury Lawyer Mr. Renn Holness explains the three first steps to reporting a car accident in British Columbia. Reporting a car accident to ICBC should be done within the first 30 days, learn more and report to an injury lawyer online.
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…
In a Dramatic turn-a-round, on April 30, 2014, the BC Court of Appeal has overturned this wrongly decided waiver of personal injury case (Niedermeyer v. Charlton,2014 BCCA 165). Therefore the following principles no longer apply, unless changed by the Supreme Court of Canada or by statute. As of Signing a release and waiver of liability…
This was an assessment of the costs following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident sustained soft tissue injuries. Despite two treating doctors recommending an MRI,…
The British Columbia Court of Appeal provided a rare existential perspective commenting on the value of human life this week in the right to die case of Carter v. Canada (Attorney General)2013 BCCA 435. For personal injury lawyers this reaffirms the dignity and respect for life that is the backbone of injury claim compensation. As the…
In this no lawyer pedestrian case(Lariviere v. Martins, 2013 BCSC 1751)a vehicle was travelling west on East Hastings Street,around midnight, approaching the intersection of Jackson and East Hastings when the claimant stepped off the sidewalk on the north side of Hastings Street, with the intent of crossing to the south side. She did so in the…
In this waving pedestrian injury case(Heyman v. South Coast British Columbia Transportation Authority, 2013 BCSC 1724) the pedestrian was hit by a public transit bus as it pulled away from a bus stop at the Park Royal Mall in West Vancouver. The pedestrians ankle was run over by the rear of the bus and he…
As a personal injury lawyer I have managed, handled and cared for hundreds of claims against ICBC due to car accident injuries and I have noticed 3 things that claimants almost always ask- Do I need a lawyer? How much is my case worth? and How much do you cost? All very important questions deserving…