In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…
The personal injury award following a 25 day trial in this ICBC gets double costs case(Minhas v. Sartor,2014 BCSC 47) was $76,653.00, much less than the $3 million sought by the claimant and the $275,000 offered by ICBC before trial. The judge, in one of the first times in BC legal history, has awarded ICBC…
In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and…
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…
I have been a personal injury lawyer in Vancouver serving injury claimants all throughout British Columbia since 1995 and have been asked this question about settling ICBC claims many times. I am going to discuss some practical considerations when considering settlement of your ICBC(Insurance Corporation of BC) injury claim. 1. Does ICBC have the medical information and opinion in order…
In this ICBC doctor personal injury case (Raun v. Suran, 2010 BCSC 793)the claimant was injured in a violent rear-end motor vehicle collision July 12, 2005. ICBC on behalf of the at fault driver admitted liability for the collision but assessed the case as being worth little more than $18,000.00. Defence counsel had the injury claimant assessed…