When negotiating with ICBC there is always a temptation to settle a case as soon as possible. A recent Supreme Court of British Columbia case illustrates why this can be a huge mistake:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/15/2015BCSC1532.htm
Here, a plaintiff initially suffered what were described as “typical” soft-tissue injuries. Over time, however, these injuries progressed into something far more life changing. The plaintiff was able to go back to work, but her return to work made her injuries considerably worse. By the time of trial, the Plaintiff was severely limited in her ability to work, and the judge found a “real and substantial” chance that the Plaintiff would lose income in the future. Accordingly, the Plaintiff was given an award of $425,000 for loss of future wages.
Now, had the plaintiff settled this case with ICBC upon her initial return to work, she would have gotten far less money. Once a case is settled and a release is signed, you cannot go back and ask for more money merely because your injury got worse. Properly compensating an injured party requires some degree of predicting the future. In situations with longer term injuries, particularly those that are affecting work, it is best to wait until a long term picture of the injury can be established before negotiating with ICBC.
As this may take several years, you should always consult with a lawyer about potential limitation dates. Be wary of any lawyer that promises a quick settlement.
