As a personal injury lawyer in British Columbia for over 20 years I have talked to many injured people that think their injury claim is worth more than what can be proven. Car accident injury lawyers can be very helpful in ensuring that you have the evidence to prove your injury. However, without an injury lawyer on your side you may have almost no evidence and therefore no case. I have discussed injury claim evidence and settling without a lawyer before but it is worth reinforcing that a “fact” only becomes a fact in your case if it is more likely than not under the rules of evidence.
The rules of evidence can prevent an injury claimant from presenting helpful evidence in their injury claim. A good ICBC injury lawyer working for you will be able to identify the issues and take steps to ensure the evidence is gathered to prove your case. If this is not possible a good personal injury lawyer will advise you that you have a poor case.
Most people that call my personal injury law firm looking to find a personal injury lawyer have little understanding of the rules of evidence and most would lose their case if the injury claim were to go to court. Here is a case in point:
In the ICBC injury claim of Gindis v. Brisbourne the claimant was injured in a car crash and eleven months later he settled his personal injury claim with the Insurance Corporation of British Columbia (ICBC ), for a total of $25,000. The injury claimant did not have a personal injury lawyer on his side at the time he settled. Later, being unsatisfied with the settlement he hired a lawyer and the injury lawyer went to court and was able to obtain a $249,189 trial award.
However, the Court of Appeal for British Columbia upheld the $25, 000 settlement out of court with ICBC and denied the injury claimant the $249, 189 trial award. The Court of Appeal criticized the behaviour of the ICBC adjuster in dealing with the injury claimant with no lawyer but still enforced the $ 25, 000 ICBC settlement.
By intentionally not medically investigating the claim the ICBC adjuster successfully limited the injury claimant’s award to $ 25, 000 even though the trial judge assessed the case to be worth almost $250, 000.
If this claimant had a personal injury lawyer from the beginning none of this would have happened. Posted by Mr. Renn A. Holness B.A. LL.B.- personal injury lawyer serving all of BC.
Issue: Should ICBC adjusters be able to take advantage of their position of power?
I just settled a personal injury case that was going on for 5 years with a lawyer. I was told that I have a case, lots of medical exams to prove this. 1/2 hour from trial the lawyer says I have no case and says I should settle. I lost $50,000 per year in earnings and ended up with 16,000 total on lawyers recommendation that I settle. He also said if the judge does give me lots of money ICBC is under no obligation to pay it. Is this true and is there any way of doing anything about this?
If ICBC was the insurer for the other driver they are generally obliged to make payments on any court judgments. If ICBC refused to pay you, the Plaintiff, as a judgment creditor, could then bring a lawsuit directly against ICBC. This all depends on the facts of your injury claim.