Tag Archives: wage losses

Never settle too early with ICBC: the courts award a plaintiff almost $800,000 for a deteriorating soft-tissue injury.

  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 […]

Employees who do not actually lose any wages can still make wage loss claims against ICBC.

  If you’ve been injured in a motor vehicle accident you may be entitled to an award for wage losses, even if you haven’t missed a single day of work. Injured parties are not only entitled to be compensated for wage losses they have already incurred but wage losses they have a “real and substantial […]

Can I make a claim for business losses for my new business, even if I have not earned anything from it yet?

This issue was recently dealt with by the Supreme Court of British Columbia: http://www.courts.gov.bc.ca/jdb-txt/SC/14/24/2014BCSC2429.htm Here, a part time accountant, who had plans to expand her business into a full time practice, was injured in a motor vehicle accident. As a result of the injuries she sustained in this accident, she was unable to expand her […]

Can ICBC force me to go to a medical examination?

  If you are making a claim for an injury and the other party is covered by ICBC’s insurance, ICBC probably can force you to go to a medical examination. The courts ruled on a similar issue recently. They not only allowed ICBC to have one medical examination but a second medical examination of the injured […]

Injured in a car accident? Can’t work? What are you options for payments from ICBC and other sources.

  ICBC may have an obligation to pay you for lost wages if you are injured in a motor vehicle accident. There, however, are a few catches: 1) Firstly ICBC is a secondary insurer. What this means is that if you have another source of income, such as extended health or employment insurance coverage, you have […]

ICBC accidents and partial disabilities.

  Today the Supreme Court of British Columbia provided reasons for an award in excess of $1,000.000.00 for compensation for injuries sustained in a motor vehicle accident. http://www.courts.gov.bc.ca/jdb-txt/SC/14/15/2014BCSC1528.htm The bulk of this award was for “Loss of Earning Capacity”, which is the loss of the ability to earn income in the future. In this particular […]

Should I sue my friends?

  A lot of clients express concern about the effect their potential claim will have on their friends’ and family members’ insurance. The fact of the matter is that a personal injury lawsuit often has no effect on a driver’s insurance rates once they have already been found at fault for an accident.  While any […]