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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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Late ICBC Offer Forces Judge to Use Discretion

This injury claimant alleged a number of injuries including brain injury, which was said to have resulted in a loss of about $4 million in capital, as well as about $1,850,000 income to the date of trial and thereafter.  In reasons for judgment indexed at 2014 BCSC 2113, real damages were assessed at $77,750. This is a case…

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Settlement Offer to ICBC Beaten and Double Costs Awarded

In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected.  The claimant  was therefore entitled to an…

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What to do if ICBC Makes an Offer to Settle

If an ICBC offer is made after an auto accident first get the offer in writing and second confirm the deadline. Understanding offers of settlement is ephemeral for most people but personal injury lawyers gain an enduring knowledge of the ICBC settlement process. It does not matter whether it is the first, second, third or fourth offer…

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The ICBC Settlemet Offer that Got Away

In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…

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The Proper Wording for an Offer to Settle

For  ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course.  The consequences for failing to accept a reasonable offer are now left to judicial…

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The Zero Money Offer in Medical Malpractice Cases

Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue.  The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…

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How Much is Your Chronic Pain Case Worth- ICBC Feeling the Pinch

ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts.  ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…

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Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…

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How Much My ICBC Claim is Worth- Updating Factors for Valuation

The factors to be considered when valuing a personal injury claim with ICBC or other insurance companies will change according to the stage of  your case. Some of the factors that may be important early on, such as claim reporting and notification, will give way to symptom documentation and medical diagnosis. Beware of the ICBC…

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Email Withdrawal for Offers to Settle Now Acceptable

Astonishing new communication rule from our Court of Appeal will effect all personal injury cases in the Province: When parties agree to the use of email as a form of communication, once delivered to the email inbox of the other lawyer, the delivering party now has a “legitimate expectation that the email would be read”. (Great…

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