When ICBC pays for injuries, the worth or value of the claim is determined by judges following accepted values of justice and fairness. However, After April 1, 2019 there will be a government-imposed injury cap of $5,500 and the auto Insurance monopoly, ICBC, will be handed over the power to deny claims as Minor Injuries. These claimants will be…
This Court of Appeal injury case is filled with lots of legal analysis for personal injury lawyers such as early retirement loss, subrogation and mandatory net wage loss of ICBC claimants. In this article I will focus on the increase in the claimant’s award for emotional pain and suffering. The claimant suffered physical and emotional injuries as…
In this exceptional case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…
The central issues in this Court of Appeal settlement case are whether the parties reached a binding settlement agreement, and if the settlement was repudiated. This can sometime arise in ICBC personal injury cases after a settlement amount as been agreed upon but before the release has been signed. As an important principle in the settlement…
In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…
Legal consultations after a car accident are free at most law firms in Vancouver. A victim to a car accident and the family must decide whether to advocate by themselves or with a professional in pursuing necessary compensation following an accident injury. Call a lawyer if you meet the following criteria: Complex Case Depending on the complexity…
A personal injury lawyer’s duty to guard confidentiality and to serve the best interest of the client is recognized in this Court of Appeal decision : Nuttall v. K.,2018 BCCA 341. The lawyer successfully appealed a special costs order against him for adding a party to a hit and run personal injury claim, which was found later…
In this case review the injury claimant was rear-ended in a car accident and claimed a loss of $500,000 due to her injury. The defendants admitted liability and called for a jury trial. About two months before the jury trial the defendants made an offer to settle the case for $50,000 plus taxable costs and disbursements. Two weeks before…
For ICBC, money must really grow on trees. In this car accident injury case the claimant delivered a formal offer to settle for $398,000 less what had already been paid by the Insurance Corporation of British Columbia, ICBC. The defendants countered with a settlement offer of $238,000 less what had already been paid by ICBC. The Court…
ICBC suffered a knock out blow in this car accident case. ICBC had made formal offers to settle in the amounts of $25,000.00 and $35,000.00 for personal injuries and subsequently settled for $45,000.00 plus costs and disbursements (case expensese) agreed or assessed. The claimants case expenses totalled $32,000 at the time of settlement. Three months after…