ICBC Settlement Offer Higher than Award but Claimant Still Gets Her Costs

The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…

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ICBC Settlement Amounts – $100,000.00 for Permanent Neck, Back and Shoulder Pain

In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …

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ICBC Settlements – $85,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages).  Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law.  When researching prior trial awards, it is important to find cases which involve similar facts. When…

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Holness and Small Law Group Wins Trial Award Against ICBC

Jacqueline Small and Vic Maan of Holness and Small Law Group were trial counsel for a 56 year-old site superintendent who was injured in a motor vehicle accident on November 15, 2015 when he was rear-ended at a high rate of speed.  At the time of the motor vehicle accident, he was healthy, active and…

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ICBC Injury Payout – $120,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

In Chai v. Greenwood 2020 BCSC 1294, the 46 year-old male injured claimant suffered headaches, mood changes and soft tissue injuries in a motor vehicle accident.  The medical experts were of the opinion that while some more improvement was expected, it would not result in full recovery.  As such, the injuries collectively were considered chronic…

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ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 1

  *written by Vic Maan, Associate with Holness and Small Law Group 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…

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ICBC Settlements – Loss of Housekeeping Capacity – Part 1

    *written by Vic Maan, Associate Lawyer at Holness and Small Law Group 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…

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ICBC Settlements for 2020 – Part 2

  In a prior blog post, we discussed the current state of ICBC settlements in 2020.  Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants.  When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial.  This…

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ICBC Rejects Settlement Offer and Punished by the Court

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…

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ICBC Settlement – ICBC’s Low Offer Scolded by Trial Judge

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…

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