What you need to know:

A personal injury lawsuit against ICBC.

  • What is an examination for discovery? Will the other lawyer harass me?
  • An examination for discovery is when your lawyer asks the person who caused the accident questions and ICBC's lawyer asks you questions under oath. It takes place in a boardroom at a court reporter's office or law office - not in a courtroom. The only people present are the lawyers, you, the person who you say caused the accident and the court reporter. Usually the person who injured you is questioned first and then he or she leaves. They very rarely stay to hear your personal information. By agreement, a spouse who was not injured may attend for moral support.

    If the law does not require you to answer a certain question your lawyer will object to the question and tell you to not answer it. He will object to questions on subjects that are irrelevant to your claim for damages.

    Your lawyer will meet with you to help you prepare for the examination. If your sworn testimony contradicts:

    • the clinical notes and reports of your doctors and other treating people stating what you told them or stated in questionnaires or
    • your statements to the police and to ICBC after the accident

    Your credibility will be reduced; therefore, it is well worth your time to review these documents before your discovery.

    Most ICBC lawyers are not rude or obnoxious at your discovery. In fact, many have learned from experience that they obtain many more favourable admissions from injured claimants by being very nice to them. The ICBC lawyer will ask you about:

    • your state of health, your activities and your employment before the accident,
    • the accident itself,
    • how you have progressed over time since the accident in terms of your pain, psychological state, limitations, activities, household chores and work,
    • the steps you have taken to get better and the efforts you made and
    • your present condition.

    ICBC's lawyer may also ask you what "percent" you improved at various times since the accident. If you cannot answer such a question on a percentage basis, you do not have to do so; you may simply describe how you felt and what you have been able to do during various periods since the accident.

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Steps in a personal injury lawsuit against ICBC I ICBC surveillance I If you were at work at the time the collision occurred - WorkSafeBC I Settlement negotiations

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