The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in pre-trial costs and $1,500 in costs for each day of trial. Where an offer to…
In this fast track personal injury claim the defendants sought an order for production of various documents and records, including photographs and videos from the claimant’s social media accounts or platform (Wilder v. Munro,2015 BCSC 1983). ICBC has been known to use social media photos against innocent victims of personal injury in an attempt to discredit their injuries. This…
This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant was injured in a motor vehicle accident that occurred at River Road in Richmond, BC…
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. In British Columbia money you get for legal costs as a successful litigation are awarded to to help off-set the actual…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…
This personal injury claimant offered to settle with ICBC for $60,000.00 one day before trial. The offer was only open for acceptance until that same afternoon at 4 p.m. The Insurance Corporation of British Columbia, insurer for the defendant, rejected the offer and the trial judge awarded the claimant over $67,000.00 (Barnes v. Lima, 2014 BCSC 1475).…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
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…