Personal Injury Q & A

We think you do. Lawyers have spent many years studying the law and court procedures. They are experts in resolving legal problems. You have the right to represent yourself in a legal case, but we don't advise that you do that. Lawyers can:

• be your representative in all discussions with ICBC;
• explain your options in terms of the handling of your case;
• protect your legal rights;
• negotiate a fair settlement of your ICBC claim;
• help you understand the court system;
• explain the law that applies to your case;
• advise you about the strengths and weaknesses of your case;
• tell you what you need to do in order to obtain a fair settlement;
• have you examined by the appropriate medical specialists in order to prove your injury claim;
• develop a legal strategy designed to ensure that you get fair compensation; and
• save you time, stress and money.

Don't delay. You should meet with a lawyer as soon as possible after your motor vehicle accident, and certainly before you talk to ICBC.

A lawyer will protect your legal rights and give you the best advice on how to get a fair settlement. Even if you have already met with ICBC or have been negotiating with them for some time. It is always wise to consult with a lawyer before settling your injury claim.
As with all professional relationships you should feel comfortable with the lawyer that you choose to represent you. This includes feeling like you can talk freely, ask questions if you don't understand something and feel confident that your lawyer is listening and will respect your point of view.

ICBC injury cases can be complicated, frustrating and time consuming. As a result, you need a lawyer who is both supportive and understanding. Someone who will take the time to get to know you, understand the impact your injuries have had on your life and explain your case to you as it unfolds.

A friend, family member or co-worker may have recommended a lawyer or you may have seen advertising on behalf of a particular law firm. A particular lawyer may be a respected member of your church or community. Whatever the case, it is very important that the lawyer you hire have special expertise and experience in dealing with the type of legal problem you are faced with.
You've got nothing to lose and everything to gain. It won't cost you anything until we've settled your case with ICBC. It's that simple. Unlike other law firms, we don't ask you for money "up front" to cover our legal fees or disbursements (e.g., the cost of medical reports or court document filing fees) until we've settled your case with ICBC.

Our fees are very competitive. When we get you a settlement (either before trial or at trial), we'll take a 30% "contingency fee" from the money that ICBC gives you. So, for example, if ICBC gives you $10,000 for your personal injuries, our fee will be $3,000, plus disbursements.

If you do not receive a settlement from ICBC, we won't charge you anything (not even money we've paid out for disbursements on your file).
We can only give you an estimate of what your case is worth after we've met with you and learned about your injuries. We also need a medical report from your doctor. Our job is to ask the right questions and do the necessary research on your case. Then we'll give you an estimate of what we think ICBC should pay you for your injuries.
It's hard to say how long it will take to resolve your case. It would not be right to reach a settlement with ICBC until you're back in good health, and that may take months or several years. We'll work on your case until you have recovered from your accident and have received the settlement you deserve from ICBC.
You probably won't have to go to court. Most personal injury cases settle long before trial. We're very skilled negotiators and will try to reach an agreement with ICBC before your trial date. If we can't settle your case, we'll take it to court and let a judge decide. We have a great deal of trial experience and we'll handle your case until it's resolved.
The documents ICBC gets you to sign give them permission to get your full medical and employment history. In many cases, this is not necessary and allows ICBC to gather information which has no connection to your injury claim.

ICBC also likes to get you to sign a statement about the accident and your life. Often things contained in your statement are used against you later. For example, if you forgot about an old injury, you may be accused of hiding something. Alternatively, if you tell them about an old injury, your ICBC adjuster may assert that your accident has nothing to do with your current symptoms. A lengthy statement is not required and an experienced personal injury lawyers will not provide one to ICBC.

If you hire a lawyer after signing authorizations for ICBC, they can be revoked. By doing so irrelevant information can be withheld and your privacy protected.

As your case goes on you may have to reveal things from your medical history. A lawyer will make sure you only have to reveal what is legally required.
An ICBC adjuster works for ICBC. One of ICBC's goals is to pay out as little money in claims as possible. This means that in every case, including yours, the adjuster is looking for ways to save ICBC money.

The adjuster's job is to win your confidence, gather information with an eye to minimizing your claim and pay you as little as possible for your injuries. While doing all of this the adjuster may suggest to you that they are "your" adjuster and he or she wants to be fair.
You are entitled to "no fault" benefits, sometimes called "Part 7" benefits , as they are defined in Part 7 of ICBC's regulations.

No fault benefits pay you limited income replacement (3/4 of your normal weekly earnings up to a maximum of $300.00 a week) and rehabilitation costs such as physiotherapy and medication up to a limit of $150,000.

One thing no fault benefits do not cover is user fees for physiotherapy or chiropractors. You will have to pay those yourself.

There is no payment for pain and suffering if the accident is your fault.

Useful personal injury links.