This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC. The Judge awarded the claimant $20,000 for pain and suffering and $629.96…
In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…
In this ICBC costs of personal injury case ( Danicek v. Li,2011 BCSC 444) the claimant was offered $500,000.00 to settle her car accident case with ICBC. She rejected the ICBC offer and went to court where the judge only awarded her a little over $10,000.00. ICBC applied to court to have their costs, a…
In this motorcycle hit and run appeal (Thoreson v. Insurance Corporation of British Columbia,2011 BCCA 130) the claimant was injured in an accident that occurred near Vernon, British Columbia. The claimant was driving a rented Harley Davidson motorcycle and his girlfriend was riding on the back of the motorcycle when he was forced off the road…
In this ICBC disputed settlement case (Varesi v. Cadelina,2011 BCSC 284), an adjuster from the Insurance Corporation of British Columbia offered the injury claimant $4,216 to settle her car accident claim. He explained the circumstances in his affidavit: I offered her $4,216.00 in total in exchange for a signed release, which I explained would mean that…
This is a question I have been asked since I settled my personal injury law practice in Vancouver in 1995,and the answer really depends on your definition of winning an injury claim. Do you want more money? a quick settlement? Your treatment covered? Other than by fluke you may want to settle your case with the advice of a…
As a personal injury lawyer suing ICBC for injury claimants in British Columbia since 1995 I welcome calls from anyone anyone seeking help for injuries caused by the fault of others. It is a myth that an injury lawyer can tell you what your case is worth by simply talking to you on the phone. That would…
The litigants in this multiple car accident ICBC injury case (Johnson v. Wells, 2011 BCSC 201) return to court to complete their arguments on whether there was a settlement of an injury claim with an ICBC adjuster. In an earlier decision in this ICBC car accident settlement case the Supreme Court of BC ordered cross-examination of the Insurance Corporation of British…
This order for costs in a personal injury action follows the decision in Jack v. Tekavec, 2010 BCSC 1773, finding a landlord at fault for a faulty balcony railing causing serious injuries to the claimant. The trial judge awarded damages of $322,463.78. The claimant delivered an offer to settle the lawsuit to the landlord’s lawyer long before…
If the Insurance Corporation of British Columbia, ICBC, lawyer gives an injury claimant an offer to settle their injury case, ICBC is usually entitled to their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial. Personal injury lawyers hired to help…