ICBC Injury Settlements
By: Glenn Veale | Posted: 26th July 2011
A question I get asked on a frequent basis by my clients in the early stages is "what is my claim worth"?
Unfortunately, this is almost impossible to answer at the beginning. Many factors are at play, such as liability, contributory negligence, mitigation, and the duration and severity of your injuries.
For more serious injuries, the amounts for ICBC injury settlements vary to a greater degree than less serious, soft tissue injuries.
With respect to less serious, soft tissue injuries, although no two cases are identical in their facts and circumstances, there are some general guidelines as to what to expect. Generally speaking, ICBC uses internal guidelines.
It should be remembered that ICBC internal guidelines are not the law when it comes to ICBC injury settlements, and it is the British Columbia Courts that decide what is the true value of compensation for less serious, whiplash injuries.
There are several grades of whiplash associated disorder (WAD):
1. WAD 0: No complaint about the neck and no physical sign of injury
2. WAD 1: Neck complaint of pain, stiffness, or tenderness, but no physical sign of injury
3. WAD 2: Neck complaint, as well as muskuloskeletal injury
4. WAD 3: Neck complaint, including neurological injury
5. WAD 4: Neck complaint, and a fracture or dislocation
MILD INJURY
This category of ICBC injury settlements generally includes those who have suffered from WAD 1 and WAD 2 injuries, and who have essentially recovered within six months, with no more than two months of total disability. ICBC generally offers in the range of $7,500.00 for pain and suffering under such circumstances.
MILD/MODERATE INJURY
This section of ICBC injury settlements typically includes moderate WAD 2, where the injured person has effectively recovered within twelve months, with no more than four months of total disability. There is generally a range of anywhere up to $12,000.00 for pain and suffering under such circumstances.
MODERATE INJURY
This classification of ICBC injury settlements generally involves more severe WAD 2, in which the injured party essentially recovers within 24 months, with no more than twelve months of total disability. Generally, a range of anywhere up to $18,000.00 applies to such a situation.
SERIOUS INJURY
WAD 3 and WAD 4 fall under this classification when it comes to ICBC injury settlements. In such cases, the amounts can vary, depending on the medical documentation in support of the injuries, and the severity and duration of the injuries.
Please bear in mind that the aforementioned amounts are only general guidelines for less serious ICBC injury settlements, and do not necessarily reflect the value of the injury component of your ICBC injury claims. It can sometimes also depend on the specific adjuster that handles your case. Further, amounts offered by ICBC tend to be lower when the injured party does not have counsel. The real value is set by our courts, where the amounts awarded for pain and suffering are higher than ICBC'S internal guideline amounts.
Please also remember that the ICBC injury settlements amounts previously mentioned do not include compensation for the economic loss portion of your claim, or for other claims that you may make.
Glenn Veale is an ICBC injury lawyer in Vancouver, British Columbia, Canada.
He has restricted his practice to the representation of Plaintiffs injured as a result of the negligence of others.
For more information Please visit: ICBC Injury settlements
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