In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
As many British Columbians are aware, most ICBC claims settle without a trial. Settling with ICBC is advantageous to injured claimants in certain situations. With settlement, an injured claimant can control the amount of the ICBC payout by agreeing or refusing to agree to an ICBC settlement offer. In doing so, the injured claimant…
If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses. Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs and special damages (reimbursement of your out of pocket expenses). One type…
ICBC Enhanced Care 2021, celebrated by NDP government, received Royal Assent Friday, Aug. 14, 2020. Auto injury victims need to prepare for the worst. Our Attorney General David Eby has coined ICBC no fault auto insurance as “ICBC Enhanced Care”. The Enhanced Care at ICBC will mean the elimination of compensation for pain and suffering.…
Average ICBC Rear Ender Payouts from the Supreme Court Getting hit from behind while stopped in traffic is a common occurrence, usually referred to as a rear-end accident. As a personal injury lawyer in British Columbia since 1995, I can say there have likely been more rear end car accident cases forced into court in…
ICBC has been punished again for failing to accept a reasonable settlement offer. This offer coming from an innocent car accident victim that lost $85,000 just in past wages. The claimant offered to settle a car accident injury claim for $150,000, which ICBC rejected. The court said the injury claim was worth over $200,000, after…
ICBC full no-fault insurance, soon to be law, gives absolute powers to the auto insurance monopoly ICBC. The government, starting May, 2021, will allow ICBC to value human suffering at zero ($0.00), giving no compensation to the injured. The BC NDP will be taking money that should be used to compensate innocent victims and giving…
Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…
Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it is proven that an injured claimant failed to mitigate their injuries…
In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident. As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…