ICBC Injury Payout – $120,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

In Chai v. Greenwood 2020 BCSC 1294, the 46 year-old male injured claimant suffered headaches, mood changes and soft tissue injuries in a motor vehicle accident.  The medical experts were of the opinion that while some more improvement was expected, it would not result in full recovery.  As such, the injuries collectively were considered chronic…

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ICBC Settlements – Loss of Housekeeping Capacity – Part 1

    *written by Vic Maan, Associate Lawyer at Holness and Small Law Group If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses.  Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs…

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ICBC Settlements for 2020 – Part 2

  In a prior blog post, we discussed the current state of ICBC settlements in 2020.  Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants.  When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial.  This…

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ICBC Settlement – ICBC’s Low Offer Scolded by Trial Judge

In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident.  As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…

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What Happens if a Judge Awards you Less than ICBC’s Settlement Offer?

In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…

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ICBC Withdraws Settlement Offers for 2019 Creating Another Financial Disaster

As an advocate for the injured for over 23 years I have never experienced the level of discrimination now faced by auto injury victims in British Columbia. The Attorney General, our chief advisor of law to the government,  distains injury victims access to legal advice and the court system, recently blaming lawyers for pushing back against the monopoly…

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$730,000 Rear End Injury Settlement Awarded Costs Above BCMA Guidelines

The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…

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Claimant Beats Best Offer to Settle but no Double Costs

An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the court award in more than the offer. However, the rules of court allow judges to…

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Best Offer to Personal Injury Lawyer After Settlement Futile

ICBC injury claimants need to be aware that accepting an offer to settle is a binding agreement and further requests to ICBC to make their “best offer” will be futile. In today’s case study the court was asked by ICBC to declare that the personal injury lawsuit was settled for $20,000 plus court costs, for which the court…

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