In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
The Injury Award In this car accident injury case, the claimant was found to have suffered from a severe and chronic somatoform pain disorder. He was awarded over $1.5 million which included $180,000 for pain and suffering; Past loss of earning capacity of $178,000; future loss of earning capacity of $1,176,000; and out of pocket…
The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…
ICBC will now focus on care not legal costs, but what does that mean? Starting April 1, 2019 ICBC is capping care costs for innocent car accident victims. Innocent motorists are therefore no longer able to claim the full cost for treatment after a car accident. As a result, necessary treatment costs above the treatment…
This ICBC offer to settle case raises two important issues: (1) What ICBC accident benefits should be deducted from the award against the driver; and (2) Should a claimant be denied costs for not accepting an ICBC offer which is the same as the court award. This ICBC personal injury case involved two car accidents. First…