New ICBC cap on minor injuries could impact the rights of injured victims according to Vancouver personal injury lawyer
Vancouver, BC -- (ReleaseWire) -- 04/18/2019 -- Simpson, Thomas & Associates has gained a reputation for skilful management of complex car accident cases that have left victims with various forms of traumatic brain injury. Like many advocates in the industry, the firm is concerned about how the new ICBC cap on minor injuries could impact the rights of injured victims. For more, go to: https://simpsonthomas.com/blog/2019/04/16/what-is-the-mino…or-my-icbc-claim/
The legislation caps compensation for pain and suffering as a result of minor injuries at $5,500. The definition of minor injury is broad and includes minor traumatic brain injury, concussion, and post-traumatic stress disorder (PTSD).
Mr. Thomas, Senior and Founding Partner of Simpson, Thomas & Associates, stated in an interview with the Vanchosun newspaper "…before the new rule, injured victims could focus on getting better. Compensation was assessed based on personal injury law as well as precedents. With the new rules, ICBC determines the severity of the injuries on their own term and if determined as "minor injuries", the compensation will be capped at $5,500, which is not favourable to the victims. With this new rule, if ICBC and the driver cannot resolve the case under $5,500, they will go through independent dispute resolution process and follow the decision from the Civil Resolution Tribunal. Civil Resolution Tribunal can assign a facilitator to facilitate the resolution through the email, web chatting, and video conference and if both parties don't come to an agreement, a special lawyer can also be assigned to give legally binding effect."
Damages and long-term effects of car accident often vary, depending on persons and situations. Claiming damages for situations like PTSD and getting compensation is not easy without the help of a skilled car accident lawyer.
Mr. Thomas emphasized that "having Civil Resolution Tribunal make binding decisions for minor injury/suffering claims as well as all other claims under $50,000 in value take away the rights of the victims. "
The article in the Vanchosun goes on to discuss how the situation played out in Alberta, which set a cap of $4000 for minor injuries in 2014. The cap was subsequently raised to $5202, but the "actual amount of money they could save fell far short of their expectations and this is because there was increase in number of lawsuits for various injuries to which the cap didn't apply and there was increase in lawsuits, disputing over the definition of "minor" which, contrary to expectations, resulted in increase in costs. "
To discuss your claim with a car accident lawyer in Vancouver, please visit https://simpsonthomas.com/contact/ or call (604) 689-8888. Free consultations can also be booked in the areas of Burnaby, Surrey/Delta, and Abbotsford.
About Simpson, Thomas & Associates
Simpson, Thomas & Associates, and its predecessor Simpson and Company is a BC-based firm of personal injury lawyers who have served victims of motor vehicle accidents for 50 years. As an experienced team of personal injury lawyers who operate in Vancouver, Burnaby, Surrey/Delta, and Abbotsford, they provide guidance to navigate through the complicated ICBC claims process while ensuring victims receive the necessary medical treatment and support to expedite recovery. If mobility is an issue, the team also does home and hospital visits. There are no legal fees or disbursements unless a case is successful.
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