ICBC Settlements 2021 for Personal Injury

How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…

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Vancouver ICBC Lawyer – ICBC at Trial – Judge Punishes ICBC for Forcing Injured Claimant to Trial with Low Settlement Offer

In the past year, an unusual number of ICBC cases have proceeded to trial.  This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers.   As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…

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Vancouver ICBC Lawyer – Ways to Calculate Loss of Housekeeping Capacity

In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…

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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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Vancouver ICBC Lawyer – $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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Vancouver ICBC Lawyer – A Trial Win Against ICBC for Holness and Small Law Group

We are very pleased to announce a significant win for Holness and Small Law Group against ICBC at trial for our client. We were trial counsel for a 56 year-old site superintendent who was injured in a motor vehicle accident in 2015 when he was rear-ended at a high rate of speed.  At the time…

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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

  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…

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ICBC Settlements – Loss of Housekeeping Capacity – Part 1

    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…

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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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