What you need to know:

Pain & suffering

  • When might ICBC choose to have a jury trial rather than a trial by a judge alone?
  • In some cases, ICBC is very concerned that a jury may award much more for pain and suffering than a judge may award. In other cases, such as injury claims involving minor damages to vehicles or when the injured person has been less than honest, ICBC will be very eager to have a jury trial.

    Judges have been exposed to the less pleasant side of human nature in case after case for many years, so sometimes they are more tolerant of human frailties than members of a jury might be. If a judge had just presided over a murder trial before hearing a personal injury claim involving a person who cheated EI on his income tax, he may not be as negatively influenced by the unethical conduct of the injured claimant as would many members of a jury.

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Pain and suffering I Pre-accident problems & elderly victims I Cost of treatment, care& assistance in the future I Compensation for family members of the injured person I Past loss of income I Loss of future earning capacity I TNT's recent successes in recovering damages

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