Compensation for legal fees in car accident personal injury cases is slated to be further explained, clarified, and examined by the court (Lee v. Jarvie, 2013 BCCA 17). The BC Court of Appeal granted leave to appeal in this car accident award for personal injuries after the claimant was only awarded 50% of his legal costs and the defendants were awarded 50% of their legal costs, to be set off. The Court of Appeal also granted leave to appeal the trial decision denying the claimant all of his disbursements relating to two of the experts and granting the claimant only 15% of his disbursements relating to two other experts.
The wording of the new Rule is different from the old and needs to be considered by the court on the general question of whether, given the wording of Rule 14-1(15), the trial judge was wrong in apportioning and making the order as to legal fee costs that he did.
Generally, personal injury claimants that win their car accident case in the Supreme Court can expect a money award to help compensate for the cost of legal fees. The issue of the whether a claimant actually “wins the case” becomes complex when a claimant wins on some issues and loses on others. In these cases claimants may be awarded only a portion of their legal fees or all of their costs depending on the circumstances considered by the court.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.