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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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offer to settle

Reasonable Offer to Settle vs. Offers that Ought Reasonably be Accepted

The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000.  ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…

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$100,000 Pain and Suffering Award for L4-5 Disc Protrusion

In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…

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$175,000 ICBC Offer Rejected and Court Awards $174,360 plus Costs

An offer to settle in any personal injury case should be clear and unambiguous. The claimant and ICBC should use plain language when settling car accident cases. The offer  of settlement should avoid colloquialisms or idioms that are understood by a limited audience. In today’s case review an ICBC insured sought to deny an injury…

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Top Offers to Settle by Best Personal Injury Lawyers

    The Calderbank offer to settle has been enshrined in our Rules of Court since 2010 and since 1975 has been the best way to legally enforce cost consequences for reasonable offers to settle. Emerging and imminent injury lawyers alike must understand and apply these principles of settlement. History of the Formal Offer Prior to…

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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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ICBC Injury Claimant Awarded Costs Despite Dismissal of Claim

In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…

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Claimant Beats ICBC Offer by $170,000 but no Double Costs

If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…

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Jury Awards Much More than ICBC Offer but No Double Costs says Judge

This injury claimant made an offer to settle in the amount of $195,000 about 2 weeks before trial and ICBC responded with an unrealistic and meager $70,000 offer. It only took the jury 6 hours to award $294,500 as damages for the injuries she sustained in a motor vehicle accident. This jury verdict was an incredible 4x…

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Beating an Offer to Settle includes being Substantially Successful at Trial

In complicated civil litigation there may often be multiple orders of the court, some in favour of a litigant and some against. All the while offers to settle are being exchanged privately. What does it mean by the end of a trial to beat an offer to settle and be “substantially successful”? The Court of Appeal…

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