Offer to Settle Better than Jury Award and Costs Awarded Against Claimant

This personal injury claimant did not accept a reasonable offer to settle and the award at trial was significantly less than the offer. The claimant was offered more than $400,000 to settle his personal injury case before court but he refused. The jury awarded him under $200,000.(Luckett v. Chahal,2017 BCSC 1983) The court found the…

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Dismissal of Jury in Personal Injury Case Part of the Final Order

  This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half truths in her testimony about the car accidents and her injuries. This was in itself…

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ICBC Intentionally Abuses Process in Personal Injury Case

ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…

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Increasing ICBC Injury Settlements and Court Awards- New Discount Rates

The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect more money for awards and settlements for future losses. This better reflects the decrease in…

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$300,000 Personal Injury Settlement Offer Rejected- $250,000 repayment Ordered

This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…

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