The Impact of Pre-Existing Injuries on ICBC Pain and Suffering Trial Awards

As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…

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$130,000.00 Awarded for Pain and Suffering for Chronic Partially Disabling Soft Tissue Injuries

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors.  These factors include the age of…

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ICBC’s Disbursement Limit and Expert Limit Criticized at Trial by BC Supreme Court Judge

We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…

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2022 ICBC Trial Awards for Chronic and Permanent Soft Tissue Injuries

Damages for pain and suffering, also known as non-pecuniary damages, are awarded to compensate an injured claimant for the pain and suffering, loss of enjoyment of life and loss of amenities caused by a defendant’s negligence.  The amount of the award is not determined by the nature or seriousness of the injuries alone. Additional factors…

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$100,000 Awarded for Pain and Suffering Assault and Battery Injury Causing Multiple Fractures

As discussed in previous blog articles on assault injuries, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable…

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$120,000.00 Awarded Against ICBC for Somatic Symptom Disorder and Chronic Pain

As discussed in several prior blog posts, damages for pain and suffering for ICBC cases, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future.  The amount awarded…

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The Harsh Reality of the ICBC Disbursement Limit – NDP Provides ICBC with No Limitations in Defending Against Claims

In previous blog articles on the ICBC 6% disbursement cap, we discussed this new law that the NDP quietly passed with the sole purpose of saving ICBC money by prejudicing against an injured claimant’s ability to present his/her case.  This new law limits the amount of disbursements recoverable from ICBC to 6% of the total…

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2021 Pain and Suffering Awards for a Broken Leg

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. In deciding the amount of pain and suffering to award to an injured claimant, the court will take into account several factors.  These factors include…

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Does ICBC Have to Pay My Disbursements?

Disbursements are legal expenses.  Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc.  Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim.  Until recently, ICBC was responsible…

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