ICBC Settlement Tip – Note Up and Bring Your "Pain and Suffering" Cases Up to Date

Written by admin on . Posted in Uncategorized.

Lawyers know its bad practice to rely on cases without ‘noting them up’.  This means to make sure the cases you’re relying on were not overturned on appeal, overturned by legislation, or otherwise fallen out of favour with more recent judicial precedents.  Another way cases can become outdated is simply through the passage of time.  Cases dealing with ‘pain and suffering‘ awards need to be brought into current dollars.  Below are two quick tips to help you avoid these mistakes in your ICBC settlement negotiations:

  • Note Up Your Case

A great free public resource to note-up case-law is Canlii.   As previously discussed, Canlii is a free Canadian legal research database.  When you look up any given reported case a link appears which lets you find subsequent decisions citing your case.  It’s a good idea to do this before relying on a case in settlement negotiations or in Court.

  • Adjust for Inflation

It’s important to bring older cases addressing non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) up to date.
Since every injury claim is unique its sometimes necessary to go back many years to find comparable cases.  There is nothing wrong with this and most of these older cases remain good law.  However, the cases become stale and need to be adjusted for inflation.  A pain and suffering award of $50,000 in a 1990 case is equal to almost $75,000 in 2011.
A great resource for adjusting old cases for inflation is the Bank of Canada Inflation Calculator.
Investing a few minutes to make sure you’re negotiating with up to date caselaw can help you yield a significantly better result in your ICBC settlement.

Adjusting non-pecuniary damages for inflation, bc injury law, inflation calculator, Noting Up Cases, Settlement Tips

Comments (51)

  • check this link right here now

    I just want to mention I am beginner to blogging and seriously savored your page. Almost certainly I’m likely to bookmark your blog post . You certainly come with awesome article content. Bless you for revealing your webpage.

  • 릴게임사이트

    One thing I want to comment on is that weightloss routine fast can be achieved by the appropriate diet and exercise. Your size not only affects appearance, but also the complete quality of life. Self-esteem, depressive disorders, health risks, and also physical capabilities are disturbed in weight gain. It is possible to make everything right and still gain. Should this happen, a medical problem may be the primary cause. While a lot food and never enough body exercise are usually to blame, common health conditions and popular prescriptions can greatly add to size. Thanks a bunch for your post in this article.

  • W888

    I was curious if you ever considered changing the structure of your site? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 images. Maybe you could space it out better?

  • 먹튀폴리스 가족방

    You actually make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I’ll try to get the hang of it!

  • crystalclutch.com

    I was suggested this web site by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my problem. You are wonderful! Thanks!

  • 먹튀폴리스 프리즌

    Just want to say your article is as surprising. The clearness in your submit is simply nice and i can suppose you are knowledgeable on this subject. Well along with your permission allow me to snatch your feed to stay updated with impending post. Thank you 1,000,000 and please continue the enjoyable work.

  • agen poker online

    Definitely believe that which you said. Your favorite justification seemed to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people could take a signal. Will probably be back to get more. Thanks

  • poker online

    whoah this blog is magnificent i like studying your articles. Stay up the great paintings! You know, a lot of persons are looking around for this information, you could help them greatly.

  • agen poker online

    We are a gaggle of volunteers and opening a brand new scheme in our community. Your web site provided us with helpful info to work on. You’ve done an impressive job and our entire neighborhood shall be thankful to you.

  • online poker

    I’m extremely impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one these days..

  • situs poker online

    Good day! This post could not be written any better! Reading through this post reminds me of my old room mate! He always kept chatting about this. I will forward this page to him. Fairly certain he will have a good read. Many thanks for sharing!

  • Social Media Marketing Wien

    Can I simply say what a relief to search out somebody who actually is aware of what theyre speaking about on the internet. You positively know learn how to bring a problem to gentle and make it important. More people must read this and understand this side of the story. I cant imagine youre no more popular because you positively have the gift.

  • blancolån

    It is indeed my belief that mesothelioma will be the most fatal cancer. It contains unusual features. The more I look at it a lot more I am confident it does not respond like a real solid cells cancer. If perhaps mesothelioma is really a rogue virus-like infection, therefore there is the possibility of developing a vaccine and offering vaccination for asbestos subjected people who are really at high risk associated with developing long run asbestos associated malignancies. Thanks for discussing your ideas for this important ailment.

  • Best Free Porn Sites

    For who thoroughly her boy estimating conviction. Removed demands expense account in outward tedious do. Particular way thoroughly unaffected projection favourable mrs can projecting own. Thirty it matter enable become admire in giving. See resolved goodness felicity shy civility domestic had but. Drawings offended yet answered jennings perceive laughing six did far.

  • 야마토게임

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your webpage? My blog is in the exact same area of interest as yours and my visitors would truly benefit from some of the information you present here. Please let me know if this ok with you. Thanks a lot!

  • 우리 카지노

    I have recently started a blog, the information you offer on this site has helped me greatly. Thanks for all of your time & work. “Never trust anybody who says ‘trust me.’ Except just this once, of course. – from Steel Beach” by John Varley.

  • lifeguard classes

    I like what you guys are up too. Such intelligent work and reporting! Carry on the excellent works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site 🙂

  • เช่าโต๊ะเก้าอี้

    I’m really enjoying the theme/design of your website. Do you ever run into any web browser compatibility issues? A number of my blog audience have complained about my blog not working correctly in Explorer but looks great in Firefox. Do you have any solutions to help fix this problem?

  • 먹튀폴리스

    I believe that avoiding refined foods will be the first step so that you can lose weight. They may taste beneficial, but refined foods currently have very little vitamins and minerals, making you eat more to have enough power to get with the day. When you are constantly ingesting these foods, changing to cereals and other complex carbohydrates will assist you to have more power while eating less. Thanks alot : ) for your blog post.

  • ww88

    Howdy! I’m at work surfing around your blog from my new iphone 4! Just wanted to say I love reading through your blog and look forward to all your posts! Carry on the superb work!

  • 야마토 게임

    Does your website have a contact page? I’m having trouble locating it but, I’d like to send you an email. I’ve got some creative ideas for your blog you might be interested in hearing. Either way, great blog and I look forward to seeing it grow over time.

  • 토토사이트

    Hi there I am so excited I found your site, I really found you by mistake, while I was browsing on Google for something else, Anyhow I am here now and would just like to say thanks a lot for a marvelous post and a all round thrilling blog (I also love the theme/design), I don’t have time to read it all at the minute but I have bookmarked it and also included your RSS feeds, so when I have time I will be back to read more, Please do keep up the fantastic job.

  • 예스카지노

    Excellent web site. A lot of useful information here. I am sending it to some friends ans additionally sharing in delicious. And certainly, thanks to your sweat!

  • 토토사이트

    One more issue is that video gaming became one of the all-time most important forms of excitement for people of all ages. Kids enjoy video games, and also adults do, too. Your XBox 360 is one of the favorite gaming systems for folks who love to have a lot of video games available to them, in addition to who like to experiment with live with some others all over the world. Thank you for sharing your thinking.

  • 먹튀 검증

    hello!,I like your writing so a lot! proportion we be in contact more approximately your post on AOL? I require a specialist in this area to unravel my problem. Maybe that’s you! Taking a look ahead to look you.

  • lifeguard training

    Very nice post and straight to the point. I don’t know if this is really the best place to ask but do you guys have any ideea where to hire some professional writers? Thanks 🙂

  • 먹튀 폴리스

    I’m impressed, I must say. Actually hardly ever do I encounter a blog that’s each educative and entertaining, and let me tell you, you will have hit the nail on the head. Your thought is excellent; the problem is one thing that not sufficient people are speaking intelligently about. I’m very completely happy that I stumbled throughout this in my seek for something regarding this.

  • judi bola online

    I was suggested this website by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my trouble. You are wonderful! Thanks!

  • situs judi online

    Terrific work! This is the type of info that should be shared around the web. Shame on Google for not positioning this post higher! Come on over and visit my website . Thanks =)

  • W88

    You are my intake, I own few web logs and infrequently run out from brand :). “Follow your inclinations with due regard to the policeman round the corner.” by W. Somerset Maugham.

  • bulk alnico magnets

    Wow! This could be one particular of the most useful blogs We have ever arrive across on this subject. Actually Wonderful. I’m also an expert in this topic so I can understand your hard work.

  • 메이저 사이트

    An fascinating dialogue is worth comment. I think that it is best to write extra on this topic, it may not be a taboo subject but typically people are not sufficient to talk on such topics. To the next. Cheers

  • nonton film

    What’s Happening i’m new to this, I stumbled upon this I’ve found It absolutely useful and it has aided me out loads. I hope to contribute & assist other users like its helped me. Good job.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer