Offers to settle and settlement discussions in a civil case cannot generally be used as evidence at trial and are considered without prejudice, even when dealing with ICBC. This rule was created to provide protection to litigants that try to resolve disputes and is referred to as settlement privilege. In this email settlement offer case (Mayer…
In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and…
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…
This was an assessment of the costs following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident sustained soft tissue injuries. Despite two treating doctors recommending an MRI,…
Settled Personal Injury Case includes Cost of Mandarin Translation In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a…
The claimant in this reasonable offer personal injury case(Gulbrandsen v. Mohr,2013 BCSC 1481) was a passenger in a car accident. The Judge accepted the claimant was injured in the accident awarding her $28,000.0 in damages, but found that she was not a trustworthy witness. Her evidence about lost time at work was vague and she had…
In this ground breaking out of court money settlement case(Sable Offshore Energy Inc. v. Ameron International Corp.,2013 SCC 37) the Supreme Court of Canada has established that since a negotiated amount is a key component of successful negotiations, reflecting the admissions, offers, and compromises made in the course of negotiations, it is protected by settlement…
After the settlement of a car accident injury claim the costs of medical examinations and reports, if the settlement terms allow, can be put in dispute. In this reasonable expenses part of settlement case (White v. Reich, 2013 BCSC 1234) a motor vehicle injury case settled very shortly before trial. In dispute was the cost…
In this car accident offer to settle case(Codling v. Sosnowsky,2013 BCSC 1220) additional legal costs were awarded to the injury claimant after the judge awarded the claimant damages totaling $70,764.71 for injuries she sustained in a motor vehicle accident. Only 6 days before the scheduled trial the claimant had offered to settle the motor vehicle…
Personal injury lawyers solve problems everyday for injury claimants dealing with ICBC (Insurance Corporation of British Columbia) by negotiating binding final solutions. In order to have a legally enforceable agreement to settle a personal injury claim with ICBC there must by an offer, an acceptance and consideration. Making a personal injury claim with an ICBC injury lawyer…