Personal Injury and I.C.B.C. Claims

Did you know that if you are injured in a motor vehicle accident or in some other accident as a result of the fault of some other person, you may be entitled to compensation for your injuries and related losses and expenses? Your right to recover compensation (also known as damages) is based upon the Law of Negligence.
 
When a person is injured in an accident, his/her claim for compensation consists of general damages and special damages. Under the heading of general damages, people are entitled to compensation for:
 
1. Pain and suffering, loss of amenities and loss of enjoyment of life;
 
Under the heading of special damages, also known as pecuniary loss, a persons claim includes:
 
1. Medical and rehabilitation expenses;
 
2. Past and future wage Loss or diminished earning capacity;
 
and
3. Out-of-pocket expenses;
 
If you or a member of your household owns an I.C.B.C. insured vehicle, you may be entitled to the payment of no fault benefits in certain circumstances. These no fault benefits include payment of medical and rehabilitation expenses and wages of up to $300.00 per week in situations where a person is unable to work. They are called no fault benefits because they are payable even if you are "at fault" for an accident.
 
Where injuries are sustained in a motor vehicle accident in British Columbia, I.C.B.C. will usually be the insurance company representing the interests of both the person who was injured and the person who caused the injuries. This places I.C.B.C. adjusters in the unusual position. On the one hand an injured person wants to receive the maximum compensation they are entitled to, while I.C.B.C. will want to pay as little as possible to conclude a claim.
 
Your lawyer will take steps to ensure a fair result. Just because you hire a lawyer does not mean that there will be a trial. Approximately 95% of all personal injury claims are settled before trial.
 
People often ask how lawyers are paid to represent them in personal injury or I.C.B.C. claims. In British Columbia, lawyers charge either a fee for service or a contingency fee. When a lawyer charges a fee for services, his or her account is determined by a number of factors; including the time spent on the file, the level of expertise of the lawyer, the degree of complexity in the file, and the result achieved. In a contingency fee arrangement, the lawyer's fees are typically paid as a percentage of the monies recovered from the Defendant or the Defendant Insurance Company. A contingent fee agreement provides that if the claim is unsuccessful, the client will have to pay the lawyers disbursements, e.g. Court filing fees, medical reports, but will not have to pay legal fees. A contingency fee agreement provides an incentive to the lawyer to do a good job as his or her fee is dependent upon the amount recovered for the client.
 
The legal information in this pamphlet applies as a general rule, but it might very well change depending upon the specific circumstances of each case. Accordingly, you should consult a lawyer privately before acting on any information provided in this pamphlet.
These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek legal advice concerning any specific issues affecting you or your business.