We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…
As discussed in previous blog articles on assault and battery, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of…
Damages for pain and suffering, also known as non-pecuniary damages, are awarded to compensate an injured claimant for the pain and suffering, loss of enjoyment of life and loss of amenities caused by a defendant’s negligence. The amount of the award is not determined by the nature or seriousness of the injuries alone. Additional factors…
As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims. There are a number of strict guidelines which govern experts and their expert reports. One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…
Damages for pain and suffering, known as non-pecuniary damages, compensate injured claimants for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendant’s negligence to the date of trial and into the future. The amount awarded is based on similar and comparable cases that proceeded to…
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.…
Renn Holness, founding partner of Holness and Small Law Group, recorded his 2nd trial win against ICBC in just under 1 week for trials that took place in January 2021 and in April 2021. In K. v. D. 2021 BCSC 1032, our 20 year-old client was injured in a motor vehicle accident when he was…
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…
ICBC is a crown corporation. A crown corporation is a public sector organization established and funded by our own elected provincial government. ICBC was created to provide universal compulsory automobile insurance to British Columbian drivers. As “compulsory” automobile insurance, ICBC has a monopoly over the entire province. There is simply no competition or choice. If…
The courts require expert medical evidence to consider when determining the injured claimant’s injuries and the impact those injuries have had on that person’s life. This expert evidence is essential to determine the proper amount of compensation to be awarded to an injured claimant. This medical expert evidence is obtained either from the injured claimant’s…