The rules, statutes, offers and the injury claim requirements are very confusing for a common person. Take help of an expert and well-established Personal Injury Lawyer in Kelowna if you want to know everything about the formal offers in personal injury litigations made by ICBC. These formal offers are made by ICBC following the decision of the Supreme Court and it impacts the course of any personal injury case. Typically, and perhaps more importantly, these offers made under specific circumstances may also help you to get some special costs due to the injuries and for its treatments. Sounds, pretty good but there are a few other things that you should know about these formal offers.
Issues with credibility
The court needs an Injury Lawyer in Kelowna to ensure credibility of any injury claim lawsuit. However, there may be instances when there may be issues regarding the credibility of a case even after the best of efforts put in by the injury lawyers. Sometimes, injured plaintiffs may seek for damages in excess of the injury claim limits, especially the injuries are sustained in two different accidents. In such situations, the evidence placed before the trial judge may lack credibility. However, the judge will make a number of scathing findings before arrive at a particular decision and passing the judgment.
Offer and acceptance
Before a trial, settlement offers are made out of the court. These offers may or may not be accepted by the injured victims and take the case up in a court for a formal trial, as suggested by the ICBC Lawyers in Kelowna. During the trial process, further offers can be made increasing the amount fairly. If such offers are accepted by the plaintiff, the case will be resolved. However, in any ordinary course, a trial may go on for a long time depending on the complexities and cooperation of the other party. However, as per the ICBC offers, you are entitled to seek all legal costs against the other side.
Scale of the costs
In this matter, the Car Accident Lawyer in Kelowna may not be able to get the amount of injury claim you have sought for. The judge may not accept your position even if you argue that you succeeded at trial and was awarded damages. In such situation the judge may conclude that ICBC is entitled to its defense costs. The only problem that remains here is the scale of costs. As the normal rule of British Columbia, the costs calculated for a successful litigant is based on the tariff scale set as per the Rules of Court, which is not more than 20% of the actual out-of-pocket legal expense.
Order of special costs
The formal offers entitle you to seek an order of ‘special costs.’ These costs are almost equivalent to the out-of-pocket legal expenses of the litigant. However, it is very unusual for the Accident Lawyer in Kelowna to get an award of such costs. These are usually awarded only in situations where there is evidence of reprehensible conduct on the part of the other party. For more information visit here: Barapp Law Firm BC