Disbursements are legal expenses. Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc. Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim. Until recently, ICBC was responsible…
As we have reviewed in prior blog posts, there are different types of damages that can be claimed if you are injured in a motor vehicle accident. This, of course, depends on the type of injuries you suffer and the impact those injuries have on your life. In other words, it is very fact specific.…
What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC. You are likely wondering what types of claims you can make against ICBC, how…
On May 27, 2021 the Supreme Court awarded our client more than double the amount ICBC offered for compensation for car accident injuries after a short four day trial. In awarding $90,000 for her pain and suffering the judge took into account the plaintiff’s age; the nature of the injury; the severity and duration of…
Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life. Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…
In Geddert v. Stokes 2021 BCSC 656, the injured claimant, a window washer, was injured when his ladder was struck by a reversing car. At the time, he was washing the outside windows above a garage door at a condominium development. The trial judge dismissed ICBC’s arguments that others were liable for the accident finding…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
As discussed in a prior blog post, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. Furthermore, all medical experts are to disclose all facts, assumptions and research as part of their expert file which formed the basis of their opinion. In Barn v. Bird…
The Attorney General David Eby’s scheme to have ICBC injury claims decided by an appointed tribunal is unconstitutional, says Judge Hinkson. Specifically, the Civil Resolution Tribunal (CRT) does not have the power to (1) label ICBC claimants as having “minor injury”, nor do they have the power to (2) decide on liability and damages for…
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