For ICBC claims, there are various type of damages that may be claimed including: Non-pecuniary damages also known as damages for pain and suffering Past wage loss for net income loss from the date of the motor vehicle accident until settlement or trial Future wage loss or future loss of earning capacity for anticipated future…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…
Prior consistent statements are inadmissible to prove the truth of a statement. However, the use of such statements as narrative is allowed to show the fact or timing of a complaint. These statements may be of assistance in determining its truthfulness or credibility ( R. v. Dinardo, 2008 SCC 24, at para. 37). They may…
As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses. In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…
The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…
In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …
In a previous blog post on ICBC claims, we discussed how ICBC under s. 83 of the Insurance (Vehicle) Act re-victimizes injured claimants who have gone to trial and won an award. In that article, we discussed the case of Aarts-Chinyanta v Harmony Premium Motors Ltd., 2020 BCSC 953; as we wrote: “In this case,…
The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured. The new change to ICBC is No Fault Insurance. The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort…
When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages). Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law. When researching prior trial awards, it is important to find cases which involve similar facts. When…
To succeed in a medical malpractice claim in proving that a doctor is negligent and liable, the patient must establish: The doctor owed a duty of care to the patient The doctor breached the standard of care The patient suffered an injury or loss The doctor’s conduct was the cause of the patient’s injury or…