Possible Grounds For Denial of ICBC Payments
As has been indicated, a recovering accident victim in British Columbia cannot feel guaranteed of receiving a benefit that was requested for utilization in a future care treatment. Sometimes ICBC refuses to pay for the item or services that has been requested. ICBC’s adjusters do not make an arbitrary decision, before announcing the decision to refuse delivery of a payment for one particular benefit.
Rules that can serve as a basis for ICBC’s decision:
Money for future care costs should be used to improve an accident victim’s health and well-being.
In addition, that same money should be used to keep a victim’s condition from deteriorating.
Victims should expect a denial when their storyline, regarding their injuries, fails to show that each one of them was injured by a negligent individual. Moreover, that one person’s negligence must be demonstrated to have been the cause of the victim’s injury.
How can a victim show the desired connection between a defendant’s negligence and a plaintiff’s injury?
Such victim needs to seek out the help of a lawyer. An injury lawyer in Kelowna could track down useful evidence. That evidence might take the form of testimony from one or more witnesses. The words of a specialist can do a better job of convincing a jury. In a conventional courtroom, a jury has the final say, regarding what conditions will get covered by a decision on delivery of payment for future care costs.
A possible defense used by ICBC:
It might hire a defense injury lawyer. That defense injury lawyer might have become skilled at the introduction of contributory evidence.
What is contributory evidence?
That could be a material good. Alternatively, it might be a comment made by a witness. In either case, it puts a new slant on the plaintiff’s words and actions. It indicates that the plaintiff actually contributed to the occurrence of an action or movement, one that might be described as careless and neglectful. Sometimes a plaintiff’s failure to perform a certain action can be labelled careless and neglectful.
What message gets sent by the introduction of contributory evidence?
Proof that a plaintiff contributed to the occurrence of an act of negligence, or that a given plaintiff added to the harm caused by a specific accident can weaken a case being made by a plaintiff’s lawyer. Consequently, that same lawyer will have trouble convincing a judge and jury of the veracity of a claim, regarding the need of a specific item or service.
As a result, a client’s chances for receiving a requested benefit do not improve. The client that was previously denied benefits must deal with the issuance of yet another denial, one that was backed by a court decision. That is the sad message in a noteworthy and powerful piece of contributory evidence.