Policy Changes Made By ICBC
The policies of the Insurance Commission of British Columbia dictate the way that claims get handled. Consequently, any policy alteration affects the method for handling claims. The new policy might introduce a major change, or it might call for a minor adjustment.
The changes in ICBC’s capping policy
For claimants with minor injuries, the cap on the amount of money that can be claimed for pain and suffering has been set at $5,500. Moreover, British Columbia has chosen to put concussions on a list of minor injuries. That decision has upset the Accident Lawyer in Surrey. Each of them appreciates the extent to which the need to deal with a concussion can affect an accident victim’s life
The expanded role of the Civil Resolution Tribunal
In the past, the Tribunal handled only small claims. Now it has the ability to make decisions in cases where a claimant has suffered a minor injury. Another change relates to the rights of those claimants that have their cases heard by the Tribunal. Those same claimants have permission to retain a lawyer, a member of the legal profession that can represent them. Claimants that disagree with the Tribunal’s decision have an additional right. Any one of them can appeal to British Columbia’s Supreme Court.
How the changes have heightened the significance of the lawyer’s role?
The cap on the award for pain and suffering did not affect the size of the reimbursement for medical bills, lost wages or other economic losses. Hence, personal injury lawyers have the right to argue for a large reimbursement, in order to cover a client’s medical bills, lost wages or other economic loss.
Lawyers can make such an argument, if any of their injured clients have chosen to sue the responsible driver. The court caps only the amount of money granted to the plaintiff for pain and suffering, and not the cash used to repay medical bills or lost wages.
By the same token, personal injury lawyers now have a role to play at hearings held before the Civil Resolution Tribunal. Claimants that choose to do so can retain an attorney, before standing before a Tribunal. That provides those same claimants with support, as the Tribunal studies each claimant’s case.
Now, too, a listing of the lawyers’ duties includes participation in PR efforts. As advocates for the victims of accidents, members of the legal community, especially those that specialize in personal injury law, speak out about how the cap on pain and suffering awards can affect someone that struggles with a traumatic brain injury. Furthermore, an attorney’s concerns might motivate an effort directed at parents of children with concussions. Those victims need support from the medical community.