BC Injury Law/ICBC Info

What is my ICBC Claim really worth?

A lawyer can help to determine how much your injury claim is worthEvery ICBC claim is unique in nature.  The value of a claim will depend on a myriad of factors which include the person who is at fault, the type of injuries caused and the level of effect that the injuries have on daily life and job performance.  If someone else is actually at fault for the injuries you suffered, you might as well be entitled to compensation for the setbacks you suffer.

In most instances, experts choose to base on what you have lost and the amount of harm that you have been caused as a result of an accident. In this case, the losses and harms are referred to as damages. In that case therefore, the losses and harms form your claim for that duration between the accident and the time you take still suffering from the losses and harm.  Here are some of the most common losses and harms:

·         Loss of past income

·         Suffering, pain and loss of life enjoyment

·         Loss of earning capacity

·         Loss of opportunity

·         Special damages

·         Cost of future care

·         Cost of help with family responsibilities

Research has proved that when you are injured and you consult an experienced personal injury lawyer who has a good understanding of ICBC related cases, the settlement values are actually three and a half times higher than that of victims who work with ICBC directly.

There are certain laws in British Columbia which govern the amount of compensation or money that you might be entitled to. The value of a claim is assessed on a couple of factors but most significantly on long term prognosis of physical injuries. As much as this is not an easy thing to put together, it is actually the situation on the ground.  In that case therefore, the factors named above are usually used as primary determinants of the value of a claim.

ICBC Injury Claims: Guidelines and Precedents

There are two main factors which are very important when you are negotiating with ICBC.  The first one is to truly understand ICBC injuries assessment guidelines and how each of the guidelines applies to every claim.  This is an ICBC document and therefore all courts in British Columbia are required to adhere to it.

The second one is that there are lots of court cases related to car accidents which ought to be settled by the Supreme Court of British Columbia every other year.  If any agreements are not reached out of court, precedents might be used to determine the value of a claim.

How Do I Sue ICBC for my injury claim?

A common question for many residents of British Columbia is how do I sue ICBC for my injury claim? First, it is important to understand that there are two kinds of compensations you can expect depending on whether or not you were the one at fault. The first is no-fault accident benefits. This comes straight from your insurance and whether or not you caused the accident you are eligible for this benefit. The second kind of compensation is called damages and you receive this only if you were not at fault.

The process to sue ICBC is a simple one. The first thing that you need to do after contacting a lawyer which we can connect you with at 604-256-5566 is report the accident to the ICBC as soon as possible. The longer you wait after the accident, the more difficult it becomes to get the circumstances of the accident correct. Once you call them, they will send an adjuster to meet with you or schedule an appointment at a claim center. An adjuster is the person who makes an assessment of how much in compensation you should receive. During the meeting, the adjuster will question you on how the accident happened to determine who was at fault. If you were injured, they will talk to your doctor to find out the extent of your injuries and they will look at all medical bills.

You should keep in mind that for you to get compensation from ICBC, you have to submit what is called the Accident Benefits Claim Form within 90 days. If you don’t meet this deadline, your claims are forfeited.

What if you think the ICBC’s compensation is too low?

Sometimes ICBC suggests settlements that are too low. If this happens to you, the first thing you should do is see a lawyer if you have not already done so. They too will examine the circumstances of the accident and your injuries and then come up with what they think you ought to get in compensation. They will then go to ICBC with the new figure and negotiate for you to get the right amount. Often ICBC disagrees with lawyers and the matter then has to go to court. Even at this point, both parties have the option to settle out of court and most cases are settled before the actual trial date.  It is in your best interest to speak to a qualified ICBC injury lawyer BEFORE you talk to ICBC or ANY insurance company.

Many people are worried about hiring lawyers because of how much it will cost. If this is your situation, you should know that you pay a personal injury lawyer a percentage of what they get for you in damages after the case is concluded.  We can connect you with a highly experienced, affordable attorney who will not only provide FREE advice on your injury claim, but also work confidently on your behalf to ensure you receive the best settlement possible – call today at 604-256-5566, 24 hours a day.