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Best Vancouver ICBC Car Injury Lawyer

Best Vancouver ICBC Car Injury Lawyer Tips – Tel: 604-602-9000

When you are injured in a Vancouver ICBC car accident you want the best Vancouver personal injury lawyer to ensure you get the best result on your Vancouver personal injury settlement or ICBC accident claim. Our experienced ICBC personal injury lawyers prime goal is getting you and your family  the highest personal injury settlement award.  

A recent BC Court of Appeal decision nearly quadrupled a personal injury trial award on the basis that:

The trial judge found the appellant was not able to work as many hours as she would have but for the accident. He also found the economist’s report that valued this loss to be credible and reliable. While it was open to the trial judge to calculate the damages based on the impairment of a capital asset approach (as opposed to a mathematical approach) he erred by failing to award an amount that reflected his factual findings.

The award for loss of future earning capacity was so inordinately low that it amounted to a wholly erroneous estimate of the appellant’s damages.

Best Vancouver ICBC Car Accident Lawyers Tips

Best Vancouver ICBC Car Accident Lawyers

WHAT CAN YOU DO IF YOU DISAGREE WITH AN ICBC CAR INJURY TRIAL AWARD?

[22]        Appellate review of damage awards begins with the question: “under what circumstances can the trial judge’s award for loss of future earning capacity be altered by this court?”: Parypa v. Wickware, 1999 BCCA 88 at para. 60. Quoting the Supreme Court of Canada in Woelk et al. v. Halvorson, [1980] 2 S.C.R. 430 at 435-436, the Court cited the following principles on the standard of review of a damage award:

It is well settled that a Court of Appeal should not alter a damage award made at trial merely because, on its view of the evidence, it would have come to a different conclusion. It is only where a Court of Appeal comes to the conclusion that there was no evidence upon which a trial judge could have reached this conclusion, or where he proceeded upon a mistaken or wrong principle, or where the result reached at the trial was wholly erroneous, that a Court of Appeal is entitled to intervene.

[23]        The onus is on Ms. Jurczak to demonstrate that the trial judge erred in law or that the amount awarded was “so inordinately low … that it must be a wholly erroneous estimate of the damage”: Nance v. British Columbia Electric R. Co., [1951] 3 D.L.R. 705 (P.C.).

[34]        When determining whether there should be damages for loss of future earning capacity, the court is required to look into the future, which cannot be known with any certainty. Mr. Justice Finch (as he then was) provided some guidance to help determine what factors courts ought to be considered: Brown v. Golaiy at para. 8:

[1]  whether the plaintiff has been rendered less capable overall from earning income from all types of employment;

[2]  whether the plaintiff is less marketable or attractive as an employee to potential employers;

[3]  whether the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and

[4]  whether the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.

Here the court found the judges approach based on his findings was inordinately low and they increased the money award for loss of ability to earn wages in the next 20 years from $110,000 to $400,000.

It’s important you don’t try to go it alone on any ICBC Car injury claim as injuries can take time to develop and even longer to stabilize. Haste makes waste particularly in ICBC settlements. Don’t cost yourself thousands when you can meet with us for free. Call our department  at 604-576-5400 and set up a free consultation to meet with us at any of our 4 offices across BC located in Vancouver, Surrey, Kelowna and Fort St John.



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