The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect more money for awards and settlements for future losses. This better reflects the decrease in…
ICBC’s offer to settle this personal injury case for $125,000.00 was just above the $121,600 awarded by the court. As a result the judge denied the claimant his costs after the date of the ICBC offer for the first accident and, having found the second car accident caused no injury, awarded costs to the other successful…
Quick Answer: “A Case Settles for what it is Worth” As a young lawyer I was told by my mentor Thomas O. Griffiths a case settles for what is it worth and was quickly put to work researching caselaw. I had a hard time understanding what he meant because you never know how much the…
This personal injury case settled for $75,000 plus costs and disbursements recognizing the claimant’s loss of quality of life. The remaining dispute however was over the Claimants costs for hiring a booking agent to find a medical expert (Ross v. Logan, 2014 BCSC 548) . Taking a personal injury case to trial in British Columbia often…
Personal injury lawyers are often faced with advising clients about offers of settlement. This, claimant gets awarded less than settlement offer case(Brewster v. Li,2014 BCSC 463) illustrates the modern approach BC Courts are taking to pre-trial offers of settlement. If you don’t accept a reasonable offer, expect to lose your costs and disbursements for trial,…
The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 BCSC 259). The accident occurred when the claimant was stopped at a red light at…
In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…
This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…
The personal injury award following a 25 day trial in this ICBC gets double costs case(Minhas v. Sartor,2014 BCSC 47) was $76,653.00, much less than the $3 million sought by the claimant and the $275,000 offered by ICBC before trial. The judge, in one of the first times in BC legal history, has awarded ICBC…
In this bus accident injury settlement, (Zhang v. Heikkila,2013 BCSC 2275) following the examinations for discovery and after three medical reports had been obtained the matter settled for $11,000.00 plus costs and disbursements. ICBC refused however to pay the cost of three medical legal reports but in this application was forced by the court to…
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