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,…
A $222,000 offer to settle a car accident injury claim was rejected and after a ten day trial a jury awarded $53,000. In light of the juries award the claimant was denied the costs of preparation and attendance at trial (Wafler v. Trinh,2014 BCCA 95). The Insurance Corporation of British Columbia had made three offers to settle…
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…
Being ahead of the curve when it comes to anticipating changing interests on the other side of an injury claim can lead to profound improvements in your negotiating as a lawyer. Potential personal injury clients are also well aware of how important it is that their lawyer to be part of the changing process of…
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…
Need for a Personal Injury Lawyer- Luxury or Necessity? Why hire a personal injury lawyer when ICBC has agreed to pay accident benefits? My answer to this question may surprise even my legal colleagues out there. I have been a personal injury lawyer in Vancouver since 1995 and when is comes to ICBC claims I have noticed…
As a lawyer in British Columbia since 1995 I have helped in the settlement of the some the most difficult cases you can imagine with ICBC, the Insurance Corporation of British Columbia. Here we provide information and instructions that will help steer an ICBC insurance claim in the right direction. Best Time to Sette with…