Personal Injury News

ICBC Injury Claim Settlements for Pain and Suffering

As a personal injury lawyer in BC since 1995 I’m often asked  how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments such as settlement amounts can be offered and paid out.

It is ultimately however a Judge that may  decide the value of your case so understanding what you need to prove can help in settlement negotiations.
If you have suffered loss due to a personal injury you will understand that some losses are out of pocket, like cost of treatment, and can be calculated, and other losses are difficulty or impossible to calculate, such as loss of enjoyment.

This article addresses the Supreme Court of BC legal criterion for a personal injury awards for pain and suffering and loss of enjoyment of life. Accident After April 1, 2019 may have a limit or cap on pain and suffering. Learn more about whether ICBC will call your serious injury minor.

Here is a non-exhaustive list to consider when trying to settle an injury claim or responding to an offer, including whiplash and soft tissue injury, with the Insurance Corporation of British Columbia and other insurance companies:
(a) age of the injury claimant;(b) Type of the injury;(c) Severity and duration of pain;(d) Disability;(e) Emotional suffering;  (f) Loss or impairment of life;(g) Impairment of family, marital and social relationships;(h) Impairment of physical and mental abilities; (i) Loss of lifestyle; and (j) The claimant’s stoicism.
In British Columbia if your injury is so trivial as to be de minimus you will be awarded nothing for your injury. Yes, zero dollars.  In this type of case ICBC will often refuse to make any offer of settlement and may even refuse to pay for injury related out of pocket expenses such as massage and physiotherapy.
If an injury claimant has suffered a catastrophic injury the maximum cap in Canada for pain and suffering set by the Supreme Court of Canada is currently under $400,000.00
It is important to understand that injury claims are usually composed of more than a claim for pain and suffering. Get a legal consult to determine whether legal guidelines may entitle you to compensation for more than just pain and suffering. Settling your case without a lawyer is something many live to regret. Watch my short video about whether to settle your injury claim with ICBC.

ICBC Settlements for 2019

Tags: How much is my ICBC claim worth?

3 responses to ICBC Injury Claim Settlements for Pain and Suffering

  • $170,000 Pain and Suffering Award for Chronic Soft Tissue Pain | Holness Law Group

    May 14, 2018 6:19am

    […] damages compensate for an injury claimant’s pain, suffering, and loss of enjoyment of life. The judge considered all the evidence relevant to the pain, suffering, and lost of enjoyment of […]

  • $140,000 Award for Pain and Suffering with no Income Loss | Holness Law Group

    August 28, 2016 6:37am

    […] The Judge eloquently summed up the purpose and basis for quantifying an award for pain and suffering in personal injury cases: […]

  • $740,000 Award in Low Velocity Injury Case and Dr. Koch Discredited | Holness Law Group

    May 16, 2016 5:32am

    […]  for pain and suffering but was obliged to make the adjustments so the individual judgments for pain, suffering and loss of enjoyment of life in each of the four lawsuits before the court would be less the following amounts for the […]

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