Trying to settle a case without an ICBC lawyer is arguably the biggest mistake one can make with an ICBC claim. In addition to taking time, assessing ICBC claims requires the gathering of evidence. Every application is unique, and the value of each depends on the following factors:
• Nature and extent of injuries, both emotional and physical
• Cost and course of treatment
• Whether total or partial disability can result from the injuries
• Nature of employment and income before the accident
• Whether one was wholly or partially responsible for the accident
• The amount of time it will take to get back to work, and whether they can return to the same level of employment they were in before the accident
Consulting an experienced ICBC attorney, one with a profound understanding of ICBC claims, usually results in higher ICBC settlements than working with the ICBC directly. If you use an ICBC lawyer, your settlement value can be three times higher than that of a victim who does not engage an attorney.
1. Why Is That?
Certain laws govern the amount of compensation money a victim might be entitled to. Although assessing the value of an ICBC claim depends on a variety of factors, the long-term prognosis of physical injuries is the most important. When determining the value of your claim, your ICBC lawyer will take several related factors into consideration, including:
• Pain and suffering
• Loss of previous revenue
• Loss of income earning ability
• Loss of housekeeping ability
• Cost of future care
• Out of pocket expenses or special damages
2. ICBC Injury Assessment Guidelines
When negotiating with ICBC, two important factors are not so obvious, and these are:
• Understanding the ICBC injury assessment guidelines as well as how they apply to each claim. Since the ICBC injury assessment guidelines are considered an internal document, the courts are not bound to any of the evaluation payouts. Regardless, ICBC usually tries to convince victims that the maximum amount payable is based on their guidelines.
• Many accident cases are settled in the Supreme Courts every year. The rulings and settlement amounts of these cases depend on how an ICBC lawyer develops an offer of settlement to the ICBC. If the settlement agreed upon cannot be reached outside of court, then precedents will be applied and can affect how a judge values your claim.
3. Settlement
Day-to-day activities can prove difficult to complete due to the injuries sustained in an accident. The paperwork, research and ICBC claim requirements necessary to file a claim and advocate on your behalf will add an immense amount of pressure and stress. As a result, you might not get the settlement you are entitled to. A settlement is the final resolution of an ICBC claim. Before you agree to settle, knowing the extent of your injuries, as well as their potential impact, is, therefore, important.