Personal Injury News

"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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Admitting ICBC Records Miscarriage of Justice in Personal Injury Case

The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…

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Cost of Medical Experts and Legal Fees Awarded to Injury Claimant

This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant was injured in a motor vehicle accident that occurred at River Road in Richmond, BC…

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Offer to Settle Results in 65% Double Costs Despite 50/50 Fault

In this offer to settle slip and fall case the court used its discretion and allowed a claimant that was found 50 % at fault to recover 65% of her costs. The claimant was also awarded double costs after the insurance comany refused to accept a reasonable  offer of settlement almost a month before trial…

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ICBC Offer to Settle Refused Without Lawyer Resulting in Low Injury Award

This unrepresented ICBC injury claimant was awarded $1,500 for two car accident injuries but was required to pay $19,00.00 in legal costs to the other side ( 2015 BCSC 940) after refusing to accept an ICBC offer of $40,000. There were serious credibility and evidence issues in the personal injury case. The amount awarded does not…

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Offers to Settle Considered after 50% Fault for Car Accident

There were  two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000.  The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…

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Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

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Double Costs for not accepting Offer Unfair to the Injured

This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30).  The important issue in this BC Court of Appeal case was the availability of double costs…

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ICBC Injury Claims include Cost of Functional Capacity and Cost of Care Reports

The Insurance Corporation of BC, ICBC,  seems to have adopted the practice of settling ICBC claims and then fighting the claimant’s necessary and reasonable litigation expenses after settlement. However, the following ICBC injury claim stands for the proposition that claimants have a duty to ensure that all areas of the injury claim are supported with…

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Injury Claimant Beat Offer to Settle But no Double Costs

In this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that the claimant’s formal offer was one that ICBC ought reasonably to have accepted (Saopaseuth v.…

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Car Accident Settlement – Costs Same Proportion as Liability

Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…

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