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SHOULD YOU DEAL WITH I.C.B.C. ON YOUR OWN?
A while ago, I.C.B.C. had an ad campaign in which it tried to discourage injured people from getting independent legal advice. "A lawyer may charge up to 1/3rd of your settlement" and "You don't need a lawyer because our adjusters will make you a fair offer". Or words to that effect.
The ad campaign is gone. But from time to time our firm still hears of I.C.B.C. adjusters saying much the same thing.
First of all, the fee percentages charged by lawyers vary widely, are tailored to the particular case and almost always require specific client agreement.
But aside from fees, you might ask yourself "If I.C.B.C. is going to make me a fair offer, why should they worry about my having independent legal advice?" That is a very good question.
The answer is simple. Far too often, the offers made by I.C.B.C. to innocent lay people fall dismally short of the mark.
Here are some examples from our firm's files:
| Case #1 | A young woman suffered whiplash during a low speed rear end collision. She had previously been an A student, an accomplished pianist and a respected staff member in an I.C.B.C. office! In spite of overwhelming expert evidence (some low speed collisions can cause significant injury), I.C.B.C. offered her nothing, then raised their offer to $25,000.00 just before trial. At trial, she was awarded $140,000.00. |
| Case #2 | A young woman suffered significant lower leg injuries when her car was struck at an angle by an impaired driver. At trial, I.C.B.C. caused an "expert's" auto accident report to be filed. Under cross-examination it turned out that the report contained two major errors. I.C.B.C. then settled for $100,000.00. |
| Case #3 | A middle-aged lady who had suffered neck injuries was offered $90,000.00 by I.C.B.C. The offer was reduced to $65,000.00 just before trial. One of this province’s most experienced trial judges awarded her approximately $350,000.00. |
| Case #4 | A 14 year old boy, who was a passenger in a pickup truck, was tossed from the truck when it left the road. He suffered head injuries. To a large degree, his behaviour afterwards appeared normal. But various medical tests, including neuro-psychological tests, showed him to have a significant learning disability caused by the injuries to his head. Initially, I.C.B.C. had offered the parents $19,000.00. The case was settled just before trial for $1,000,000.00. |
| Case #5 | A young girl, age 3, appeared normal following a brief period of unconsciousness when her mother’s vehicle was "T-boned" by another driver who had run a stop sign. Later, in the primary grades, her alert and caring parents and teachers noticed that she had difficulty with one important aspect of learning. I.C.B.C. had originally offered $18,000.00. Following highly sophisticated testing and investigation, the case was settled for $650,000.00. |
These and many other cases indicate the importance of obtaining experienced legal advice. They also indicate the importance of careful, thorough and experienced investigation and medical analysis by acknowledged experts.
Far too often, I.C.B.C.’s view of what constitutes a reasonable settlement is dramatically different from the views held by experienced lawyers and by the courts. On other occasions, however, the insurance adjuster is simply unaware of the seriousness of the case he is confronted with. I.C.B.C., like all insurance companies, has highly qualified head office adjusters who are specifically charged with assessing serious and complex claims.
It is the job of the injured victim’s lawyer to ensure that these claims are properly handled so that I.C.B.C. will give them the attention and priority they deserve. And it is also the lawyer's job to prepare and take the case to a successful trial if needed.
Our firm has never failed to obtain in the court room, net after legal fees, more than I.C.B.C. offered before the client came to see us. And we have never lost a personal injury case.
If you, a member of your family, or a friend, has suffered personal injuries - even in a low speed crash - come in to see us. The initial appointment is always free.
We take on only those cases where we believe we can help. Remember, the best time to get legal advice is right now! Our firm is friendly and approachable!
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