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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"

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ICBC and Personal Injury Claims (12:XII) (view source)

Revision as of 23:29, 19 June 2016

64 bytes removed ,  23:29, 19 June 2016
→‎2. Supreme Court of British Columbia
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***i. It is impracticable or unfair to require the party to comply; '''or'''
***i. It is impracticable or unfair to require the party to comply; '''or'''
***ii. The fast track litigation application is urgent;
***ii. The fast track litigation application is urgent;
**c. If the action is scandalous, frivolous, or vexatious (as per Rule 9-5);
**d. If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7);
**e. If an application is made to add, remove, or substitute a party; or
**f. The parties consent.
*Fast track action must be heard by the court without a jury.
*Examinations for discovery of a party of record by all parties of record who are adverse in interest must not, in total, exceed 2 hours or any greater period to which the person to be examined consents, unless otherwise ordered by a court
*All examinations for discovery in a fast track action must be completed at least 14 days before the scheduled trial date, unless the court  orders otherwise or the parties to the examination consent.
*If a party to a fast track action applies for a trial date within 4 moths after the date on which this rules becomes applicable to that  action, the registrar must set a date for the trial that is not later than 4 months after the application for a trial date.
== H. Damages ==
Claimants often have unrealistic expectations about the amount of damages they are likely to receive. Claimants should be cautious about listening to stories of awards told by relatives and friends as these stories may be exaggerated and/or may be missing crucial pieces of information.
=== 1. How Damages are Assessed ===
The court will determine what damages a claimant is entitled to on the basis of precedent. It is therefore possible to project what the court  will award by looking for similar cases. The judgments will outline the nature of the injuries sustained by the claimant and court’s assessment of damages.
=== 2. Heads of Damage ===
To understand an award, it is necessary to consider all the heads of damage. For example, a claimant who is a brain surgeon at the height of  his or her career and who has a finger amputated might have a loss of prospective earnings claim in the millions and a relatively small claim for non-pecuniary losses. In contrast, a claimant who is retired and has a leg amputated may have a relatively low loss of prospective earnings claim but a relatively high claim for non-pecuniary damages.
The major heads of damage are as follows:
==== a) Non-pecuniary Damages ====


c.If the action is scandalous, frivolous, or vexatious (as per Rule 9-5); d.If  the  action  will  proceed  by  summary  judgment  or  summary trial (Rule 9-6 and 9-7); e.If an application is made to add, remove, or substitute a party; orf.The parties consent. Fast track action must be heard by the court without a jury. Examinations  for  discovery  of  a  party  of  record  by  all  parties  of  record  who are adverse in interest must not, in total, exceed 2 hours or any greater period to  which  the  person  to  be  examined  consents, unless  otherwise  ordered  by  a court All examinations for discovery in a fast track action must be completed at least 14  days  before  the  scheduled  trial  date,  unless  the  court  orders  otherwise  or the parties to the examination consent. If a party to a fast track action applies for a trial date within 4 moths after the date  on  which  this  rules  becomes  applicable  to  that  action,  the  registrar  must set a date for the trial that is not later than 4 months after the application for a trial date. H.Damages Claimants  often  have  unrealistic  expectations  about  the  amount  of  damages  they  are  likely  to  receive. Claimants should be cautious about listening to stories of awards told by relatives and friends as these stories may be exaggerated and/or may be missing crucial pieces of information. 1.How Damages are A ssessed The court will determine what damages a claimant is entitled to on the basis of precedent. It is therefore  possible  to  project  what  the  court  will  award  by  looking  for  similar  cases.  The judgments  will  outline  the  nature  of  the  injuries  sustained  by  the  claimant  and  court’ s assessment of damages. 2.Heads of Damage To understand  an  award,  it  is  necessary  to consider  all the  heads  of  damage. For  example,  a claimant  who  is  a  brain  surgeon  at  the  height  of  his  or  her  career  and  who  has  a  finger amputated might have a loss of prospective earnings claim in the millions and a relatively small claim for non-pecuniary losses. In contrast, a claimant who is retired and has a leg amputated may have a relatively low loss of prospective earnings claim but a relatively high claim for non-pecuniary damages. The major heads of damage are as follows: a)Non-pecuniary Damages
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