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When ICBC Fails To Compensate, Warnett Hallen LLP Goes To Court

January 25, 2016 | Accident & Injury

Ryan Gunson was a passenger in a Ford F-350 travelling along 24 Avenue in Surrey, BC when the vehicle was struck by Freightliner semi-truck with a trailer that blew a stop sign. The force of the impact was significant and caused serious damage to both vehicles. Gunson suffered various injuries causing life-long medical issues.

Gunson worked as a power line technician with BC Hydro. He has a physically demanding and dangerous job that requires complete focus. When you are working around electricity you need to ensure you are physically strong, healthy and mentally alert. This car accident caused Ryan to experience headaches, nausea and fatigue. His physical injuries interrupted his sleep and caused lower back pain.

Fortunately, a month after the accident Ryan was able to go back to work. But with the type of job he was doing at the time, there was always the unknown of his long term capacity to do the physical work of the job as he got older. The car accident resulted in a permanent partial disability. The pain in Gunson’s back will likely increase with age resulting in less ability to be competitively employable. He may even need to take early retirement. The injuries have negatively impacted all aspects of his life.

The stellar personal injury legal team at Warnett Hallen LLP was not in agreement with ICBC’s offer. Guyle Clark, co-chair on the trial team explains, “We took Ryan’s case to trial because we did not feel that ICBC was adequately willing to compensate Ryan for his future loss of earning capacity.”

How much is an ICBC claim worth?

Car Accident Trial Lawyer Vancouver, Paul Warnett

Paul Warnett, Vancouver Car Accident Trial Lawyer

Paul Warnett, lead personal injury trial lawyer, says, “Following the accident Ryan missed approximately one month of work. After his return he worked full time for more than five years up to the date of the trial. Despite this, we were able to persuade the court to award Ryan $90,000.00 for his loss of future earning capacity by proving that there was a reasonable possibility that Ryan’s career would be cut short as a result of his injuries at some point in the future.

Warnett Hallen LLP was able to persuade the trial judge to award $100,000 more than what ICBC argued was fair compensation. Clark adds, “Had ICBC been willing to pay what we believed to be a fair amount for his damages we would not have felt the need to take this to trial. However, when we do not feel that our clients are being fairly compensated we are both ready and willing to use every tool available to us including going to trial.”

How does an ICBC trial work?

At a BC Supreme Court trial we direct the telling the story to a judge or jury stating all the facts about how car accident injuries impact a clients life. We direct the story by using pictures, witness testimony, expert reports and evaluations to prove our arguments and to obtain fair compensation. Trials are scheduled months in advance and the length of trial is based on the complexity of the case and how many witnesses will be called to the stand. Paul Warnett has conducted many ICBC claim trials with many successful awards. We only recommend to take a case to trial when we feel that ICBC has not put forward a settlement that is fair. In a perfect world, ICBC would be dedicated to paying people fair compensation while incurring the least expense and not burdening the court system. Warnett Hallen LLP ensures there is a level playing field by evaluating the claim and ensuring that if ICBC does not fairly compensate we will go to trial to fight for fair compensation.

If you feel that your ICBC offer is not acceptable or fair, call Warnett Hallen LLP at 604-737-3309 or book a free evaluation regarding your ICBC offer.

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