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…
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…
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…
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…
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…
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…
If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC. This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you. ICBC adjusters have a significant…
The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…
Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…
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