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Surrey ICBC Car Accident Injury Lawyers

What happens when either the defendant in a Surrey and Vancouver ICBC car accident injury claim or the injured ICBC car accident victim disagree with the amount of a personal jury trial award?
ICBC car accident injury cases trials are heard by either a judge and jury or by a judge alone. It is critical that you hire an experienced lawyer who knows whether a jury trial or judge trial is best for your particular case. Our experienced ICBC car accident injury claims department would be pleased to meet with you at no cost to give you an immediate action plan. Our lawyers want to get you healthy again and to maximize the amount of the Surrey and Vancouver personal injury settlement you are entitled to.

How Do Surrey ICBC Car Accident Personal Injury Appeals Work?
Either side who is dissatisfied with a trial award for a Surrey or Vancouver car accident injury case can appeal to the BC Court Of Appeal. However, the Appeal is not a new trial. To succeed on an appeal you will need to show the Surrey and Vancouver ICBC personal injury judgment was clearly wrong to succeed. In the recent BC Court of Appeal decision of Paskall v. Scheithauer, an injured Plaintiff, who was unhappy with a low damages award for her injuries and findings that she was partly to blame for her injuries, appealed the jury trial judgment. Her appeal was dismissed and she had costs awarded against her as a result of offers to settle that were higher than what she received from the jury. The BC Court of Appeal reiterated that an award of damages by a jury or judge is entitled to great respect and summarized the law as follows:

[1]             The appellant, who suffers from cerebral palsy, was injured when she was struck by a motor vehicle when crossing a street in a marked crosswalk. Her skull was fractured and she suffered a traumatic brain injury. The respondent admitted he was negligent, but contended the appellant was contributorily negligent.

[2]             A jury awarded the appellant non-pecuniary damages of $35,000, special damages of $10,137.68, $1,100 for past wage loss, nothing for loss of future earning capacity and $36,100 for costs of future care, which the jury rounded to a total of $82,400.00. The jury held that the appellant was 20% at fault for the accident.

[97]         My second comment is in respect to the award of non-pecuniary damages. Damages are a question of fact, as to which this court owes deference to the fact finder. The classic statement of our role as an appellate court found in Nance v. British Columbia Electric Railway Company Ltd., [1951] A.C. 601 at 613-14, [1951] 3 D.L.R. 705 (P.C.), has equal force today:

Whether the assessment of damages be by a judge or a jury, the appellate court is not justified in substituting a figure of its own for that awarded below simply because it would have awarded a different figure if it had tried the case at first instance. Even if the tribunal of first instance was a judge sitting alone, then, before the appellate court can properly intervene, it must be satisfied either that the judge, in assessing the damages, applied a wrong principle of law (as by taking into account some irrelevant factor or leaving out of account some relevant one); or, short of this, that the amount awarded is either so inordinately low or so inordinately high that it must be a wholly erroneous estimate of the damage (Flint v. Lovell, [1935] 1 K.B. 354, approved by the House of Lords in Davies v. Powell Duffryn Associated Collieries, Ld., [1942] A.C. 601). The last named case further shows that when on a proper direction the quantum is ascertained by a jury, the disparity between the figure at which they have arrived and any figure at which they could properly have arrived must, to justify correction by a court of appeal, be even wider than when the figure has been assessed by a judge sitting alone. The figure must be wholly “out of all proportion” (per Lord Wright, Davies v. Powell Duffryn Associated Collieries, Ld., at 616).

It is important you hire an experienced lawyer who knows how to establish a road map for you or your loved one to make sure you get the best medical treatment and expert care and a solid and proven plan to maximize your personal injury settlement or trial award. Delay can hurt your case. Meet with us for free by calling 604 576 5400.



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