The Court of Appeal of BC has upheld the awarding of over $400,000.00 for breach of a settlement agreement(2014 BCCA 66) despite the argument that the dispute should not have been dealt with by way of summary trial due to conflicts within the evidence. A summary trial is one that is conducted, for the most part, by…
Being ahead of the curve when it comes to anticipating changing interests on the other side of an injury claim can lead to profound improvements in your negotiating as a lawyer. Potential personal injury clients are also well aware of how important it is that their lawyer to be part of the changing process of…
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 bus accident injury settlement, (Zhang v. Heikkila,2013 BCSC 2275) following the examinations for discovery and after three medical reports had been obtained the matter settled for $11,000.00 plus costs and disbursements. ICBC refused however to pay the cost of three medical legal reports but in this application was forced by the court to…
Need for a Personal Injury Lawyer- Luxury or Necessity? Why hire a personal injury lawyer when ICBC has agreed to pay accident benefits? My answer to this question may surprise even my legal colleagues out there. I have been a personal injury lawyer in Vancouver since 1995 and when is comes to ICBC claims I have noticed…
As a lawyer in British Columbia since 1995 I have helped in the settlement of the some the most difficult cases you can imagine with ICBC, the Insurance Corporation of British Columbia. Here we provide information and instructions that will help steer an ICBC insurance claim in the right direction. Best Time to Sette with…
Offers to settle and settlement discussions in a civil case cannot generally be used as evidence at trial and are considered without prejudice, even when dealing with ICBC. This rule was created to provide protection to litigants that try to resolve disputes and is referred to as settlement privilege. In this email settlement offer case (Mayer…
This was an assessment of the costs following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident sustained soft tissue injuries. Despite two treating doctors recommending an MRI,…
Personal Injury Lawyer, Renn Holness, explains what Without Prejudice Offers to settle are.
Settled Personal Injury Case includes Cost of Mandarin Translation In this personal injury translation cost case(Jin v. Caleca,2013 BCSC 1614) settlement of the personal injury claim was reached but the defendant refused to pay the costs the personal injury lawyer had incurred in having his legal advice interpreted for the client. Having English as a…